LAWRENCE  J.  GUTTER 

Collection  of  Chicogoono 

THE    UNIVERSITY   OF   ILLINOIS 
AT  CHICAGO 

The  University  Library 


33d  CONGRESS,  [HO.  OF  REPS.]  Ex.  Doc. 

1st  Session.  No.  71. 


CONTRACTS— HARBORS  AND  RIVERS  ON  LAKE  MICHI- 
GAN. 


MESSAGE 

FROM    THE 

PRESIDENT  OF  THE  UNITED  STATES, 


TRANSMITTING 


Copies  of  contracts,  8fc.,for  the  improvement  of  harbors  and  rivers  on  Lake 

Michigan. 



MARCH  3, 1854. — Referred  to  the  Committee  on  Commerce. 


To  the  Home  of  Representatives  of  the  United  States : 

In  compliance  with  the  resolution  of  the  House  of  Representatives  of 
the  23d  January  last,  "  that  the  President  of  the  United  States  be  re- 
spectfully requested  to  furnish  this  House  with  copies  of  all  contracts 
made  by,  and  correspondence  subsequently  with,  the  Chief  of  the  Bu- 
reau of  Topographical  Engineers,  for  furnishing  materials  of  wood  and 
stone  for  improving  the  harbors  and  rivers  on  Lake  Michigan,  under 
and  by  virtue  of  the  act  '  making  appropriations  for  the  improvement  of 
certain  harbors  and  rivers,'  approved  August  30,  1852,"  I  transmit  a 
letter  of  the  Secretary  of  War,  submitting  a  report  of  the  colonel  of 
topographical  engineers,  enclosing  copies  of  the  contracts  and  corre- 
spondence called  for. 

FRANKLIN  PIERCE. 

WASHINGTON,  March  1,  1864. 


WAR  DEPARTMENT,  WASHINGTON, 

February  27,  1854. 

SIR  :  I  have  the  honor  to  acknowledge  your  reference  to  this  depart- 
ment of  the  resolution  of  the  House  of  Representatives  of  the  23d  ultimo, 
"that  the  President  of  the  United  States  be  respectfully  requested  to 
furnish  this  House  with  copies  of  all  contracts  made  by,  and  correspond- 
ence subsequently  with,  the  Chief  of  the  Bureau  of  Topographical  En- 
gineers, for  furnishing  materials  of  wood  and  stone  for  improving  the 
harbors  and  rivers  on  Lake  Michigan,  under  and  by  virtue  ot  the  act 


2  H.    Doc.  71. 

'making  appropriations  for  the  improvement  of  certain  harbors  and 
rivers,'  approved  August  30,  1852,"  and  respectfully  submit  a  report  of 
the  colonel  of  topographical  engineers,  with  copies  of  the  contracts 
and  correspondence  called  for  by  it. 

Very  respectfully,  your  obedient  servant, 

JEFFN.  DAVIS, 

Secretary  of  War. 

To  the  PRESIDENT. 



BUREAU  OF  TOPOGRAPHICAL  ENGINEERS, 

Washington,  February  24,  1854. 

SIR:  I  have  the  honor  to  acknowledge  your  direction  to  report  upon 
a  resolution  of  the  House  of  Representatives  of  the  23d  January,  1854. 

The  resolution  calls  for  copies  of  all  contracts  made  by,  and  corre- 
spondence subsequently  with,  the  Chief  of  the  Bureau  of  Topographical 
Engineers,  for  furnishing  materials  of  wood  and  stone  for  improving 
the  harbors  and  rivers  on  Lake  Michigan,  under  and  bv  virtue  of  an 
act  making  appropriations  for  the  improvement  of  certain  harbors  and 
rivers,  approved  August  30,  1852. 

The  only  contracts  known  to  this  bureau  which  come  within  the 
call  of  this  resolution,  are  the  contracts  dated  January  21,  1853,  with 
Calvin  C.  Parks,  esq.,  of  Waukegan  ;  the  contracts  dated  March  8, 
1853,  with  Sweet,  Ives  and  Hawley,  of  Milwaukie;  and  the  contract 
of  R.  L.  Phillips,  esq.,  of  New  Buffalo,  dated  January  13,  1853. 

Copies  of  these  contracts,  and  of  all  the  correspondence  in  relation 
to  them,  are  herewith  submitted. 

Respectfully,  sir,  }rour  obedient  servant, 

J.  J.  ABERT, 
Colonel  Corps  Topographical  Engineers. 

Hon.  JEFFERSON  DAVIS, 

Secretary  of  War. 


BUREAU  OF  TOPOGRAPHICAL  ENGINEERS, 

Washington,  September  23,  1853. 

SIR:  The  applications  and  representations  of  Messrs.  Sweet,  Ives 
and  Hawley,  having  been  submitted  to  the  Secretary  of  the  Depart- 
ment of  War,  and  having  been  revised  by  him,  he  has  made  the  follow- 
ing decision: 

"As  the  order  of  July  12th  applied  strictly  only  to  future  receipts  o* 
materials,  the  materials  delivered  to  and  received  by  government 
agents  before  that  order  reached  them,  will  be  paid  for ;  but  I  decline 
to  make  any  modification  of  that  order,  or  the  instructions  given  in 
pursuance  of  it. 

"  JEFFERSON  DAVIS,  Secretary  of  War. 

"WAR  DEPARTMENT,  September  23,  1853." 

Respectfully,  sir,  your  obedient  servant, 

J.  J.  ABERT, 

Colonel  Corps  Topographical  Engineers. 
Messrs.  SWEET,  IVES  &  HAWLEY,  Milwaukie. 


H.    Doc.  71.  3 

BUREAU  OF  TOPOGRAPHICAL  ENGINEERS, 

Washington,  September  2,  1S53. 

SIR  :  In  reference  to  the  letters  of  the  24th  and  26th  August,  from 
Sweet,  Ives  &  Hawley,  I  have  the  honor  to  report: 

The  only  directions  given  by  this  office  to  the  agents  who  were  to 
receive  under  the  contract  with  Sweet,  Ives  &  Hawley  were  those  re- 
ceived from  the  War  Department,  namely :  "  Tlje  materials  may  be 
received  of  the  contractors  at  contract  prices,  if  furnished  in  quantities 
and  at  times  to  meet  the  demand  of  the  work ;  in  default  of  this  they 
may  be  purchased  in  open  market.  July  11,  1853." 

Finding  some  embarrassment  in  the  minds  of  agents  upon  the  fore- 
going decision,  a  report  of  the  8th  of  August  was  submitted  from  this 
bureau,  which  states:  "My  view  of  the  decision  of  the  honorable  Secre- 
tary is  as  follows :  Contracts  not  being  fulfilled  were  void  and  forfeited; 
but  as  an  indulgence  to  the  contractors,  they  could  deliver  materials 
(when  wanted  and  as  require.d,)  for  which  they  would  be  paid  .at  con- 
tract prices.  Materials  so  delivered  would  be  in  the  form  of  a  purchase 
from  contractors  at  contract  prices.  In  default  of  such  deliveries  the 
agent  could  purchase  in  open  market  from  any  one."  Upon  this  re- 
port was  endorsed  :  "  The  understanding  of  my  decision  expressed  by 
Colonel  Abert  is  correct.  August  10." 

If  I  understand  Mr.  Sweet's  desire,  (Sweet,  Ives  &  Hawley,)  it  is  to 
have  taken  from  them,  and  paid  for  by  the  United  States,  such  materials 
as  they  have  on  hand,  and  to  continue  to  receive  from  them  materials 
on  the  same  terms,  (to  the  extent  of  quantities  as  stipulated  in  the  con- 
tract,) without  reference  to  the  conditions  stated  by  the  honorable  Sec- 
retary in  his  decision  of  the  llth  July,  namely  :  "if  furnished  in  quan- 
tities and  at  times  to  meet  the  demand  of  the  work ;"  or,  as  explained 
in  the  decision  of  the  10th  August,  the  contractors  could  "  deliver  mate- 
rials (when  wanted  and  required,)  for  which  they  would  be  paid  at 
contract  prices." 

It  is  not  in  my  power  consistently  to  recommend  an  acquiescence  to 
the  foregoing  proposition  ;  but,'  as  the  utmost  limit,  it  is  respectfully  sug- 
gested that  such  materials  as  the  contractors  had  on  hand  and  ready 
tor  delivery  at  the  several  stations  at  the  time  the  decision  of  the  llth 
July  was  received,  by  each  agent  at  each  station  or  place,  may  be  re- 
ceived and  paid  for  at  contract  prices,  in  the  form  of  open  purchase  ; 
provided  such  materials,  on  proper  inspection,  should  be  of  the  qualities 
and  kinds  required,  and  as  described  in  the  contracts. 
Respectfully,  sir,  your  obedient  servant, 

J.  J.  ABERT, 
Colonel  Corps  Topographical  Engineers. 

Hon.  JEFFERSON  DAVIS, 

Secretary  of  War. 


BUREAU  OF  TOPOGRAPHICAL  ENGINEERS, 

Washington,  July  8,  1853.. 

SIR:  I  have  the  honor  to  submit  a  letter  from  the  agent,  Carswell,  of 
Racine.     It  is  not  in  my  power  to  give  directions  in  reference  to  his 


4  H.   Doc.   71. 

question  about  receiving  materials  from  the  contractor  without  author- 
ity from  the  War  Department. 

In  my  opinion  the  contractor  has  failed,  as  the  time  of  delivery  is  as 
much  an  element  of  the  contract  as  prices  or  materials. 

The  enclosed  copy  of  a  letter  from  the  agent  at  Erie,  Mr.  Lints, 
will  inform  the  honorable  Secretary  of  the  effects  of  extending  time  to 
contractors.  It  is  therefore  respectfully  suggested — 

1.  That  the  agent  be  allowed  to  receive  such  articles  as  shall  have 
been  delivered  (on  the  receipt  of  instructions  to  that  effect,)  and  to  pay 
for  the  same  according  to  contract  prices  and  stipulations. 

2.  That,  the  contract  being  void  by  failure  of  the  contractor,  the 
agent  be  authorized  to  procure  other  and  additional  articles,  as  wanted, 
by  open  purchase,  or  by  contracts  or  agreements  made  by  himself. 

Respectfully,  sir,  your  obedient  servant, 

J.  J.  ABERT, 

Colonel  Corps  Topographical  Engineers. 
Hon.  JEFFERSON  DAVIS, 

•Secretary  of  War. 


RACINE,  WISCONSIN, 

July  2,  1853. 

SIR:  On  the  31st  day  of  May  I  submitted  to  you  a  statement  of  the 
condition  of  the  harbor  at  this  place,  together  with  my  views  as  to  the 
best  mode  of  expending  the  means  appropriated,  to  which  communi- 
cation I  have  received  no  reply. 

I  have  to  inform  you  that  Mr.  Parks,  the  contractor,  had  his  iron  all 
ready  for  delivery  by  the  31st  day  of  May,  and  stone  enough  to  fill  one 
contract  delivery  by  the  30th  day  of  June. 

He  has  also  ready  for  delivery  upwards  of  four  hundred  pieces  of 
oak  timber,  and  I  am  informed  that  he  has  one  hundred  pieces  more 
shipped  and  now  on  the  way  here.  As  the  time  for  delivery  as  per 
contract  has  expired,  you  will  please  inform  me  with  regard  to  receiv- 
ing it  or  not. 

You  will  also  please  send  me  the  blanks  necessary  to  be  used  in  the 
discharge  of  my  duties. 

Respectfully,  your  obedient  servant, 

J.  A.  CARSWELL, 
U.  8.  Agent,  Racine,  Wisconsin. 
J.  J.  ABERT, 

Col.  Top.  Engineer*. 


NATIONAL  HOTEL,  WASHINGTON, 

September  28,  1853. 

On  the  23d  of  October,  1852,  notice  was  given  for  the  receipt  of 
proposals  for  the  delivery  of  materials  for  the  building  of  harbors  on 
the  shore  of  Lake  Michigan,  in  Wisconsin  and  Illinois.  Bids  were  to 
be  received  until  the  20th  of  December,  1852,  and  the  time  between 


H.   Doc.  71.  5 

« 

the  20th  of  December,  1852,  and  the  7th  of  February,  1853,  was  con- 
sumed in  negotiating  with  other  parties  for  the  furnishing  of  the  materials 
wanted  as  per  advertisement. 

On  the  7th  day  of  February,  1853,  the  War  Department  addressed 
me  a  note,  of  which  the  following  is  a  true  copy : 

"  Should  Calvin  C.  Parks,  esq.,  decline  to  take  the  contract  for 
materials  at  Waukegan,  it  will  be  offered  to  you,  as  the  next  lowest 
bidder.  Please  inform  me,  without  delay,  whether  you  will  accept  it 
or  not.  £ 

"  J.  J.  ABERT,  Col.  Top.  Engineers.'' 

Said  letter  was  mailed  to  me  at  Milwaukie,  Wisconsin,  the  place  of 
my  residence,  where  it  arrived  on  the  14th  of  February,  and  was 
remailed  there,  and  directed  to  me  in  this  city,  where  I  received  it  on 
or  about  the  20th  day  of  February.  To  this  letter  I  replied  immediately, 
that  we  (Sweet,  Ives  and  Hawley)  would  take  the  contract. 

A  notice  to  the  same  purport  was  received,  and  answer  returned, 
in  relation  to  the  contract  for  furnishing  materials  for  Milwaukie,  She- 
boygan,  and  Manitowoc  harbors,  all  in  the  State  of  Wisconsin,  which 
had  been  assigned  to  one  William  F.  Chittenden,  of  the  State  of  Michi- 
gan, which  he  declined  to  execute. 

I  called  upon.  Col.  Abert  about  the  same  time,  and  inquired  as  to 
the  time  when  the  contracts  would  be  in  readiness  to  execute.  He 
replied  that  his  clerks  were  very  busy,  and  it  would  require  a  few 
days  to  prepare  them,  but  that  he  would  give  me  notice  when  they 
were  ready. 

I  was  in  Col.  Abert's  office  several  times,  and  talked  with  him  con- 
cerning the  result  of  the  Waukegan  contract. 

On  the  4th  day  of  April  I  received,  through,  the  post  office  in  this 
city,  a  letter  from  Col.  Abert,  of  which  the  following  is  a  true  copy. 

"  SIR  :  I  have  received  your  letter  of  the  2d  instant.  It  was  intended 
to  offer  the  contract  for  Waukegan  to  the  next  lowest  bidder  in  case 
Mr.  Parks  declined,  as  he  had  intimated  an  intention  to  do.  But  he  has 
declined  too  late  for  such  a  purpose,  as  no'  successor  could  fulfil  the 
contract,  the  period  for  first  delivery,  according  to  advertisement, 
having  passed  by.  You  were  therefore  informed,  when  in  the  office 
yesterday,  that  as  times  of  delivery  must  be  altered,  different  prices 
would  follow,  and  new  advertisements  would  have  to  be  made  before 
contracts  could  be  made.  On  these  accounts  I  did  not  intend  to  ad- 
vertise for  new  proposals,  but  would  obtain  materials  as  wanted,  and, 
as  heretofore,  by  purchase.  In  reference  to  the  principle  of  reducing 
the  quantities  of  materials  of  a  contract,  you  were  informed  in  a  letter 
dated  26th  February.  You  are  no  doubt  informed  of  the  right  reserved 
by  the  department  to  reduce  quantities,  (but  not  prices,)  so  as  to  bring 
the  aggregate  o£the  contract  below  the  appropriations,  and  to  leave 
means  for  the  preservation  and  using  of  the  materials  to  be  supplied 
under  the  contracts.  There  is  no  objection,  on  my  part,  to  your  appeal 
to  the  War  Department  on  these  matters,  against  the  action  of  the 
bureau,  as  you  intimated.  Allow  me  to  add  that  your  letters  are  rather 
premature,  as  we  have  no  contracts  in  this  office  with  Sweet,  Ives  and 
Hawley.  These  parties  have  not  yet  signed  and  returned  the  contracts 


6  H.    Do<     71. 


which  were  sent  leathern  ;  nncl  a  note  from  the  chief  clerk  of  this  office 
(of  about  the  llth  or  12th  of  March,)  directed  to  you,  and  inviting  you 
to  call  at  this  office  and  execute  the  contracts,  has  not  been  attended  to. 

"  J.  J.  ABERT,  Col.  Top.  Engineers." 

On  receiving  this  letter,  I  immediately  went  to  the  post  office  in  this 
city,  and  showed  the  postmaster  the  same,  and  requested  him  to  search 
for  the  "note"  referred  to  as  having  been  directed  to  me  "about  the 
llth  or  12th  of  March,"  by  the  chief  clerk  of  the  Topographical 
Bureau.  On  search,  he  found  the  "note,"  which  had  been  in  the  post 
office  about  twenty-three  days,  during  which  time  I  had  daily  called 
at  the  post  office  and  inquired  for  letters.  The  postmaster  was  made 
satisfied,  on  the  representations  of  his  clerks,  of  whom  I  had  made 
daily  inquiries  for  letters,  that  I  had  made  such  frequent  inquiries; 
and  thereupon  he  wrote  to  Colonel  Abert  that  it  was  not  my  fault,  but 
the  fault  of  the  post  office,  that  I  had  not  duly  received  said  "note" 
(above  referred  to)  from  the  chief  clerk  of  the  Topographical  Bureau. 

On  inquiring  of  Colonel  Abert  for  the  contracts  above  referred  to,  I 
was  informed  by  him  that  they  had  been  forwarded  to  Milwaukie, 
Wisconsin,  the  place  of  my  residence.  On  their  arrival  in  Milwaukie, 
my  agent  in  that  city  immediately  despatched  them,  by  a  special  mes- 
'senger,  to  me  in  this  city,  (Washington,)  where  he  aYrived  with  them 
on  the  7th  day  of  April,  and  on  the  8th  (the  day  following)  the  con- 
tracts were  fully  executed.  But,  previous  to  executing  the  contracts,  I 
declined  signing  them,  for  the  reason  that  the  time  for  the  first  delivery 
of  materials  had  passed  by,  (on  the  30th  of  March,)  and  for  the  further 
reason  that,  by  the  time  we  could  arrive  in  Wisconsin,  where  the  work 
was  to  be  performed  and  the  materials  delivered,  the  second  delivery 
of  materials  would  be  due,  (on  the  30th  of  April.).  Colonel  Abert, 
however,  informed  me  that  they  should  be  obliged  to  "tamper  with  the 
time  for  delivery;"  that  it  would  be  necessary  to  close  the  matter  by  a 
purchase  of  the  materials  from  the  contractors,  at  contract  prices, 
without  reference  particularly  to  the  contract,  and  thus  avoid  going 
over  the  whole  ground  again.  With  this  understanding,  I  signed  the 
contract  in  good  faith,  and  entered  upon  immediate  arrangements  for 
preparing  and  furnishing  the  materials.  But,  on  or  about  the  1st  of 
July,  I  was  not  a  little  surprised  when  I  was  notified  by  the  disbursing 
agents  at  the  different  points  at  which  the  materials  were  to  be  deliv- 
ered, that  they  were  instructed  by  the  Topographical  Bureau  not  to 
receive  any  materials  whatever,  except  in  strict  accordance  with  the 
letter  of  the  contracts. 

I  immediately  wrote  to  Colonel  Abert,  setting  forth  the  facts  that  I 
had  a  large  amount  of  the  materials  (timber,  stone,  lumber,  and  iron) 
on  the  ground  and  ready  for  delivery,  which  the  agent  refused  to 
receive,  in  pursuance  of  orders  from  the  Topographical  Bureau  ;  and 
that  I  hoped  he  would,  without  further  delay,  give  such  instructions  to 
the  different  agents  as  would  enable  me  to  deliver  the  property  and 
receive  the  money  for  the  same,  and  thereby  relieve  me  of  embarrass- 
ments consequent  upon  the  transaction.  He  accordingly  sent  a  circular 
letter  to  the  different  agents,  of  which  the  following  is  a  copy  : 


H.    Doc.  71.  7 

"  The  materials  may  be  received  of  the  contractors  at  contract 
prices,  if  furnished  in  quantities  and  at  times  to  meet  the  demands  of 
the  work.  In  default  of  this,  they  may  be  purchased  in  open  market. 

"  JEFFN.  DAVIS,  Secretary  of  War. 

"My  11,  1853." 

Upon  the  receipt  of  the  above  instructions,  the  agents  still  further 
refused  to  receive  and  pay  for  the  materials,  and  wrote  for  an  expla- 
nation of  the  instructions  of  the  Secretary  of  War;  whether  it  was 
intended  that  it  was  imperative  on  them  to  receive  the  materials  and 
pay  for  them,  or  only  discretionary.  In  reply  to  which,  Col.  Abert 
sent  them  a  circular  letter,  of  which  the  following  is  a  copy : 

" Contracts  not  being  fulfilled,  were  void  and  forfeited;  but,  as  an 
indulgence  to  contractors,  they  could  deliver  materials,  (when  wanted 
and  as  required,)  for  which  they  would  be  paid  contract  prices.  Mate- 
rials so  delivered,  would  be  in  the  form  of  a  purchase  from  contractors 
at  contract  prices.  In  default  of  such  delivery,  the  agent  could  pur- 
chase in  open  market,  of  any  one. 

"  J.  J.  ABERT,  Col.  Top.  Engineers. 

"August  8, 1853." 

As  the  representative  of  the  contractors,  duly  authorized  to  speak 
for  them,  all  that  I  now  desire  is,  that  the  government  will  carry  out 
and  fulfil  its  engagements,  by  receiving  and  paying  for  the  materials  on 
the  ground  ready  for  delivery.  If  the  government  desires  the  balance  of 
the  ma'erials  contracted  to  be  delivered,  we  are  ready  to  fulfil  on  our 
part;  but  if  the  government  desires  to  be  released  from  its  engage- 
ments so  far  as  relates  to  the  balance  of  materials,  (not  now  ready  for 
delivery,  but  which  are  in  a  state  of  forwardness,)  then  we  are  willing 
so  to  release  it.  But,  for  the  materials  now  on  the  ground  and  ready 
for  delivery,  we  feel  that  we  are  fully  warranted  in  insisting  that  we 
are  entitled  to  payment,  without  further  delay ;  and  we  beg  leave  to 
add,  that  further  delay  would  be  ruinous  to  the  contractors. 

It  will  be  observed  that  the  government  had  entered  into  a  contract, 
in  which  it  wa's  stipulated  that  certain  materials  should  be  furnished, 
at  a  time  which  had  already  transpired,  with  the  understanding,  on  the 
part  of  the  contractors,  that  if  the  materials  were  furnished  in  time  to 
meet  the  demands  of  the  several  works  upon  which  the  materials  were 
to  be  used,  they  would  be  received  and  paid  for  at  contract  prices.  * 

The  circular  letter  of  the  Secretary  of  War,  above  referred  to,  (of 
July  11,  1853,)  seems  to  be  in  accordance  with  the  spirit  of  the  trans- 
action as  understood  at  the  time. 

The  materials  above  referred  to,  as  on  the  ground  and  ready  for  * 
delivery,  were  furnished  in  time  to  meet  the  demands  of  the  several 
works  upon  which  they  were  to  be  used,  and  in  no  instance  have  these 
works  been  delayed  for  want  of  said  materials,  which  fully  appears 
from  the  reason  now  assigned  by  the  agents  for  not.receiving  the  ma- 
terials and  paying  for  them ;  which  is,  that  they  are  not  yet  wanted.  But 
they  say  that  when  they  are  so  wanted,  they  will  then  give  us  notice 
of  the  same,  and  receive  and  pay  for  them.  It  will  be  remembered 
that  the  reason  previously  assigned  (on  or  about  the  1st  of  July)  why 


8  H.  Doc.   71. 

the  materials  were  not  received,  was,  that  they  were  not  ready  for 
delivery  at  the  time  specified  in  the  contracts. 

In  view  of  the  foregoing  statement  of  facts,  the  question  arises,  if  the 
materials  were  wanted  at  the  time  they  were  ordered  and  contracted 
for — they  not  having  been  supplied  from  other  sources — why  are  they 
not  now  wanted? 

I  have  the  honor  to  be,  your  obedient  servants, 

SWEET,  IVES  &  HAWLEY. 
By  ALANSON  SWEET. 

Hon.  JEFFERSON  DAVIS, 

Secretary  of  War. 


WASHINGTON,  April  2,  1853. 

SIR  :  I  inferred  from  your  conversation  with  me  on  yesterday  that 
it  is  now  your  intention  to  withhold  from  me  and  my  associates  (Messrs. 
Ives  and  Hawley)  the  privilege  of  furnishing  the  materials  for  Wauke- 
gan,  according  to  the  contract  offered  by  you  to  us  by  your  note  of  7th 
of  February  last,  and  accepted  by  my  note  in  reply  thereto. 

Will  you  be  kind  enough  to  inform  me  whether,  in  this,  I  was  cor- 
rect ;  and  also  what  action  you  intend  to  take  in  relation  to  the  con- 
tract. 

When  Mr.  Parks  declined  to  take  it,  as  provided  in  your  note  of  7th 
of  February,  I  supposed  that  the  contract  between  us  and  the  govern- 
ment was  complete,  and  that  nothing  remained  but  to  perform  it. 

If  you  decline  to  give  us  the  work,  I  must  beg  that  the  whole  sub- 
ject, with  all  the  papers,  be  referred  to  the  War  Department  for  further 
action  in  our  behalf,  or  for  its  decision,  at  least,  as  to  whether  we  are 
not  entitled  to  the  contract. 

Your  obedient  servant, 

ALANSON  SWEET, 
For  SWEET,  IVES  &  HAWLEY. 

Col.  J.  J.  ABERT, 

Chief  Topographical  Bureau,  Washington. 


MILWAUKIE,  Av gust  9,  1853. 

DEAR  SIR  :  The  stone  for  the  harbor  for  Milwaukie  I  purchased  of 
a  Mr.  Jones ;  they  were  measured,  by  agreement  between  myself  and 
Mr.  Jones,  by  disinterested  parties,  and  1  paid  for  them  according  to 
such  measurement — being  400J  cords.  I  called  upon  Mr.  Gunnison 
to  accompany  the  parties  while  they  were  taking  the  measurement, 
that  he  might  satisfy  himself  with  the  measurement,  and  that  the  stone 
reported  were  all  there.  He  refused  to  accompany  the  parties  meas- 
uring, or  even  to  notice  the  pile  of  stone,  or  to  have  anything  to  do  in 
the  matter.  This  was,  I  think,  on  one  of  the  two  last  days  of  June 
last.  A  few  days  since  I  called  upon  Mr.  G.  to  measure  the  stone, 
and  give  a  certificate  as  per  instructions  from  your  department.  He 


H.  Doc.  71.  9 

treated  me  in  a  manner  that  may  be  considered  anything  but  pleasant, 
telling  me  that  he  would  go  and  measure  the  stone  when  he  Ivad  convenient 
time.  I  requested  him  to  give  me  notice  of  the  time  when  he  would 
measure  the  stone,  that  I  might  be  present,  stating  where  a  note  to 
that  effect  would  find  me,  and  the  place  indicated  being  not  more 
than  four  hundred  feet  from  his  office.  He  went  on  to  measure  the 
stone  a  few  days  after,  privately,  or  without  giving  me  any  notice  of 
his  intention  so  to  do,  and,  to  my  surprise,  made  the  measurement  fall 
short  of  the  amount  for  which  I  had  paid,  nearly  25  per  cent.  I  was 
not  present  at  the  time  the  stone  were,  measured  for  Mr.  Jones,  as 
before  stated,  and  I  have  been  this  morning  and  examined  the  pile  of 
stone,  and  I  am  satisfied  that  this  deficiency  grows  out  of  the  conspiracy 
against  me,  to  which  I  alluded  in  a  letter  to  you  on  or  about  the  27th 
of  June  last;  and  I  now  wish  you  would  appoint  some  parties  here — 
the  expense  of  which  I  will  pay — to  measure  this  pile  of  stone.  I 
would  be  perfectly  willing  to  have  the  Hon.  J.  P.  Walker,  of  the 
United  States  Senate,  appointed  as  one ;  this  would  throw  the  respon- 
sibility upon  him,  he  being  a  strong  advocate,  as  you  know,  for  the 
"straight  cut"  for  the  Milwaukie  harbor.  The  difference  in  measure- 
ment amounts  to  nearly  $800 — too  much  for  me  to  lose.  I  have  written 
to  Mr.  Geo.  Harrington  in  regard  to  this  matter,  who  will  call  upon 
you. 

I  have  the  honor  to  be,  your  obedient  servant, 

ALANSON  SWEET. 

Col.  J.  J.  ABERT. 


MILWAUKIE,  June  27,  1853. 

DEAR  SIR  :  On  my  return  from  Red  river,  on  the  25th  of  May  last, 
I  found  Messrs.  Ives  and  Haw  ley,  contractors  with  me  for  materials  for 
harbors  on  Lake  Michigan,  at  this  place.  They  gave  me  to  understand 
that  the  weather  had  been  so  wet  and  bad,  and  so  much  mud,  it  was  very 
difficult  to  haul  timber,  and  therefore  they  had  been  unable  to  comply 
with  the  first  and  second  deliveries.  However,  they  said,  if  I  could  make 
such  arrangements  as  would  furnish  them  with  the  necessary  means, 
they  could  "  fetch  up"  by  the  first  of  July.  I  complied  with  their  re- 
quest, and  placed  to  their  credit  unlimited  means  to  be  used  for  that 
purpose. 

Becoming  a  little  alarmed  during  the  last  week,  I  have  been  to  the 
different  points  and  places  of  delivery.  I  find  from  ten  to  twelve  thou- 
sand dollars  invested  all  round,  but  not  materials  enough  yet  to  fulfil 
the  contract,  and  I  am  therefore  entirely  at  your  mercy.  I  do  not  pre- 
tend that  I  am  not  in  fault  for  the  non-fulfilment ;  it  is  my  fault  for  be- 
ing connected  with  men  of  this  stamp,  who  had  not  the  necessary 
energy,  and  not  yours  ;  therefore  I  have  only  to  plead  "  guilty"  gen- 
erally, and  beg  your  indulgence. 

We  have  at  Waukegan  some  stone  delivered  ;  we  have  also  timber 
to  some  extent  on  the  lake  shore,  ready  to  raft  to  the  same. point ;  yet  I 
must  acknowledge  that  the  place  has  been  treated  with  some  consid- 
erable negligence,  and  there  is  not  as  much  "  material"  on  hand  as  there 


10  II.    Doc.  71. 

should  be  for  the  amount  of  money  used  at  that  point.  But  there  is 
some  excuse  for  the  neglect,  it  being  so  difficult  to  obtain  good  men  and 
teams  to  do  the  necessary  labor.  Mr.  Gamble,  the  superintendent,  tells 
me  that  it  is  the  worst  place  to  get  anything  done  that  he  was  ever  lo- 
cated in. 

As  to  Milwaukie,  we  have  the  full  amount  of  stone  delivered  ;  the 
timber  is  nearly  all  upon  the  beach  of  the  lake,  within  a  few  miles  of 
the  harbor,  north  and  south,  and  the  balance  up  the  river  some  eight 
miles,  nearly  ready  to  be  rafted.  At  Sheboygan,  the  stone  are  all  de- 
livered, and  a  good  portion  of  the  timber ;  I  cannot  state  exactly  the 
amount.  What  is  not  delivered  is  hewed  and  rapidly  being  hewn, 
within  a  few  miles  of  the  harbor.  At  Manitowoc,  the  bad  state  of  the 
roads  and  the  country  generally,  on  account  of  the  wet,  has  prevented 
the  delivery  of  any  great  amount  of  "  material ;"  but  it  is  all  prepared 
and  being  prepared  within  a  few  miles — some  to  be  rafted  and  some 
to  be  hauled.  The  stone  are  all  picked  up  and  hauled  to  the  road-side 
about  four  miles  from  the  harbor,  ready  to  be  forwarded  as  soon  as  the 
roads  will  permit ;  some  are  being  hauled  now.  The  lumber,  I  think, 
will  be  feady  at  Manitowoc,  Sheboygan,  and  the  other  two  places,  with- 
in a  few  days. 

The  iron  I  ordered  myself  at  Pittsburg:  they  showed  me  samples; 
and  it  is  to  be  of  the  best  quality — good  enough  for  anything.  But  it 
had  to  be  manufactured  expressly  for  the  purpose,  on  account  of  length. 
The  bills  of  lading  have  been  received  and  the  iron  paid  for,  and  I  hope 
it  will  be  on  the  ground  at  the  time,  but  it  may  be  behind  a  few  days. 

Now,  sir,  what  I  wish  to  ask  at  your  hands  is,  that  I  may  be  permit- 
ted to  go  on  and  deliver  the  materials  that  we  have  now  on  hand  at  the 
different  places,  as  well  as  the  balance  that  is  near  by,  and  designed  for 
the  contract;  and,  if  possibly  consistent  with  your  duty  to  the  depart- 
ment, you  will  allow  me  to  finish  up  the  contracts  in  full,  either  by 
purchase  from  me  or  otherwise.  I  have  induced  my  friends  to  make 
pretty  heavy  advances,  and  my  object  is  to  save  them  if  possible.  It 
all  depends  now  upon  what  you  can  do  for  me. 

Within  the  last  twenty-four  hours  I  have  been  advised  of  a  conspi- 
racy going  on  in  this  city  against  me,  in  relation  to  the  "material"  for 
this  place,  and  it  may  extend  further;  that  is  to  say,  the  old  "clique" 
here,  that  have  always  been  abusing  you — and,  for  the  reason  that  I  had 
dared  to  speak  favorably,  and  thereby  endorsing  your  acts,  have  also 
meted  out  to  me  no  small  measure  of  abuse — a  re  now  conspiring  to  pre- 
vent your  purchasing  or  taking  the  stone  and  timber,  or  either,  on  the 
contract  or  otherwise.  The  plan  is  to  prevent  the  sub-contractors,  who 
have  furnished  the  property  at  the  different  points,  and  particularly  at 
this  place,  from  letting  us  have  it  on  the  payment  of  the  money,  as  is 
provided  for  in  our  contracts  with  them,  (the  sub- contractors ;)  and  after 
our  contract  with  the  department  is  forfeited,  they  step  in  and  sell  the 
same  materials  to  the  government  at  an  advanced  price  from  their  con- 
tracts with  us,  and  of  course  greatly  to  our  injury. 

I  am  disposed  to  think  that  your  agent  here  is  not  wholly  ignorant  of 
this  matter;  yet  I  may  be  wrong.  Now  what  I  desire  is,  that  if  you 
please,  you  will  give  such  instructions  to  your  agent,  Mr.  Gunnison,  as 
will  prevent  this  fraud.  It  may  be  said  that  we  must  rely  upon  our 

" 


H.   Doc.  71.  11 

contracts  with  these  sub-contractors;  but  these  men  are  irresponsible; 
and,  without  your  aid,  I  fear  that  I  shall  be  seriously  injured,  and  the 
injury  come  really  from  our  common  enemy. 

Since  the  foregoing  was  written,  I  have  had  an  interview  with  Mr. 
Gunnison,  and  am  fully  satisfied  that  the  foregoing  suggestions  are  true, 
and  that  he  is  privy  to  the  same,  although  I  have  no  tangible  evidence 
at  present. 

Nothing  but  your  interference  in  preventing  Mr.  Gunnison  from  buy- 
ing the  timber  and  stone  that  were  got  out  for  me  from  these  parties, 
will  save  me;  for  the  moment  they  find  that  they  cannot  sell  to  Mr.  G., 
they  will  be  willing  to  take  pay  of  me,  according  to  contract,  and  de- 
liver the  property. 

Enclosed  herewith  you  will  find  a  power  of  attorney  to  Mr.  Blossom 
(who  hts  made  the  advances)  to  receive  the  payments. 

I  have  written  to  Mr.  Harrington  to  call  on  you  in  relation  to  this 
matter. 

Now,  my  dear  sir,  all  is  in  your  hands.     Inasmuch  as  there  cannot 
be  much  done  here,  and  at  the  point  north  of  this  place,  this  season, 
would  you  not  be  justified  in  letting  me  go  on  with  the  contracts? 
Yours,  with  great  respect, 

ALANSON  SWEET. 

Col.  J.  J.  ABERT. 


MILWAUKIE,  WISCONSIN, 

August  23,  1S53. 

DEAR  SIR:  Yours  of  the  15th  is  received  and  contents  noted;  in 
which  you  say  that  Mr.  Gunnison,  the  agent  of  this  office  at  Milwaukie, 
will  be  instructed  to  pay  for  the  materials  as  a  purchase  from  Sweet, 
Ives  &  Hawle^y,  without  regard  to  the  contracts,  except  so  far  as  the 
prices  of  the  materials  are  concerned. 

In  your  letter  of  instruction  of  the  15th  you  say  to  Mr.  Gunnison  that 
the  materials  are  to  be  received  as  a  purchase  -from  the  contractors, 
without  regard  to  the  contracts,  except  as  to  the  price  for  which  they 
are  to  be  furnished,  which  Mr.  Gunnison  has  received;  but  yours  of 
the  12th  instructs  Mr.  G.  to  receive,  or,  in  your  words,  "as  an  indul- 
gence to  the  contractors,  they  could  deliver  materials,  when  wanted 
and  as  required,  for  which  they  would  be  paid  at  contract  prices." 

This  letter  Mr.  Gunnison  construes  to  mean  and  read  that  he  shall  not 
receive  nor  pay  for  any  of  the  materials  tendered  to  him  by  the  con- 
tractors until  the  time  they  are  wanted  to  be  used  in  the  work.  I  think 
this  construction  is  very  much  strained ;  and  I  further  think  that  you 
intended  to  have  the  materials  received  when  tendered,  and  paid  ibr ; 
but,  if  we  are  to  wait  for  the  receipt  and  payments  until  they  are 
wanted  to  put  into  the  work,  in  all  human  probability  we  shall  have  to 
wait  till  June  next.  This  would  be  ruinous  to  the  contractors. 

Now,  my  dear  sir,  I  hope  you  will  look  at  the  case  of  the  contractors 
without  delay,  and  so  order  Mr.  Gunnison  at  this  place,  that  he  will 
receive  and  pay  for  the  property  now  ready  for  delivery  without  further 
delay  or  equivocation  on  his  part.  As  I  have  intimated  to  you  before, 


12  H.  Doc.  71. 

I  fully  understand  why  Mr.  G.  causes  this  delay,  and  out  of  which 
serious  embarrassments  are  falling  upon  the  contractors,  and  will  ope- 
rate ruinously  upon  us  if  we  cannot  get  our  money.  I  hope  you  will 
consider  our  case  favorably  and  at  once. 

Yours,  with  great  respect, 

SWEET,  IVES  &  HAWLEY, 
By  ALANSON  SWEET. 
Col.  J.  J.  ABERT. 

NOTE. — The  six  thousand  dollars  you  have  sent  Mr.  Gunnison  is  now 
deposited  in  a  little  bank  in  this  city,  which,  according  to  their  report, 
is  more  than  half  the  money  they  have  on  hand,  and  (you  can  under- 
stand) would  cripple  them  seriously  if  drawn  out.  It  was  deposited 
there  for  the  reason  that  the  parties  owning  the  bank  went  his«ecurity 
to  your  department. 

A.  SWEET. 


MILWAUKIE,  August  24,  1853. 

DEAR  SIR  :  To  my  surprise  I  received  a  note  this  morning  from  She- 
boygan  informing  me  that  Mr.  Newland,  your  agent  at  Sheboygan; 
interprets  your  letter  of  instruction  of  the  12th  instant  to  mean  that  he 
shall  not  receive  or  pay  for  any  materials  from  the  contractors,  Sweet, 
Ives  &  Hawley,  until  they  are  actually  wanted  and  necessary  to  be 
placed  in  the  work,  which,  in  all  human  probability,  would  prevent  us 
from  realizing  our  money  for  the  materials  till  some  time  next  summer. 
If  this  should  be  so,  the  delay  will  prevent  us  from  furnishing  any  mate- 
rials whatever,  as  the  property  we  are  providing,  and  have  provided, 
will  have  to  be  sold  at  sheriffs  sale,  or  otherwise,  that  we  may  realize 
means  to  meet  our  liabilities.  We  cannot  think  for  a  moment  that  you 
would  allow  us  to  suffer  in  that  way;  and  we  think  it  was  the  intention 
of  the  Secretary  of  War,  in  his  letter  of  instructions  of  the  12th  of  July, 
to  receive  and  pay  for  the  property  as  fast  as  we  could  deliver  it. 
Will  you  look  to  this  matter  at  once,  and  by  so  doing  relieve  us  from 
embarrassments  that  are  really  injuring  us  now,  and  from  which  we 
cannot  extricate  ourselves  without  your  aid  ? 
Yours,  with  great  respect, 

SWEET,  IVES  &  HAWLEY, 
By  ALANSON  SWEET. 

Col.  J.  J.  ABERT. 


MILWAUKIE,  August  26, 1853. 

SIR  :  I  wrote  you  a  few  days  since  in  reference  to  our  contract  for 
materials  for  harbors  on  the  western  shore  of  Lake  Michigan  ;  but, 
from  facts  which  have  come  to  light  since,  I  deem  it  not  improper  to 
address  you  again. 

It  appears  that  Captain  Webster,  now  in  Chicago,  has  been  made 
general  superintendent  of  all  the  works  in  which  we  are  engaged. 


H.  Doc.  71.  13 

Mr.  Hawley,  one  of  the  contractors,  has,  ju*t  returned  from  Chicago, 
where  he  had  an  interview  with  Captain  Webster  to  ascertain  what  we 
could  rely  upon  for  the  receipt  of,  and  payment  for,  the  materials  fur- 
nished and  now  on  hand,  when  we  learned  from  Captain  Webster  that 
it  was  the  design  of  himself  and  the  agents — and  that  they  are  endeavor- 
ing to  prevent  us  from  receiving  pay  for  the  materials  at  contract  prices 
as  decided  in  the  Secretary  of  War's  letter  of  the  12th  of  July  to  the 
different  agents — to  force  us  to  sell  our  materials  to  Captain  Webster, 
or  agents  here,  at  such  price  or  prices  as  might  be  agreed  upon  by 
Captain  Webster  and  ourselves. 

1  had  mistrusted  that  this  conspiracy  was  going  on  for  the  last  month, 
but  had  no  means  of  coming  at  the  facts  until  the  proposition  was  made 
by  Captain  Webster  to  Hawley  to  that  effect. 

Now,  sir,  as  we  have  intimated  before  to  you,  we  have  gone  on  in 
good  faith  and  procured  a  large  amount  of  material  at  the  different 
points,  and  have  become  involved  in  so  doing  by  taking  from  banks,  on 
short  time,  means  to  acomplish  the  object ;  that  paper  is  now  due,  and 
becoming  due,  to  a  very  large  arqount. 

Captain  Webster  and  those  operating  with  him  will  understand  this 
matter,  and  they  can  act  with  great  certainty.  They  can  procure  the 
materials  that  we  have  furnished  for  less  money  than  the  contract  price, 
for  the  reason  that,  if  we  are  left  to  their  mercy,  we  must  sell  to  them 
at  such  price  as  they  think  proper  to  set  upon  our  property,  or  we  must 
suffer  it  to  be  sold  at  sheriff's  sale ;  and,  in  that  case,  there  are  no  parties 
in  this  country  that  want  that  kind  of  property ;  hence  it  must  go  at 
whatever  price  Captain  Webster  deems  proper  to  pay,  if  your  depart- 
ment allows  him  to  carry  out  his  project,  or  allow  his  associate  to 
do  so. 

Sir,  we  cannot  for  a  moment  think  that  you  will  allow  us  to  be  sacri- 
ficed in  this  way.  We  think  that  the  letter  of  the  Secretary  of  War 
of  the  12th  of  July  last  contemplated  a  different  state  of  things,  and 
that  he  intended  that  we  should  receive  pay  for  materials  already  de- 
livered, and  all  that  should  be  delivered,  as  fast  as  wanted  ;  but,  if  not 
delivered  as  fast  as  wanted,  then  the  materials  to  be  bought  in  open 
market ;  and,  with  this  view,  we  have  been  acting  in  good  faith,  and 
have  become  involved  to  a  considerable  amount,  since,  in  labor  and  in 
procuring  the  materials  requisite,  but  have  not  been  able,  as  yet,  to 
obtain  the  first  dollar  from  government  to  aid  us  in  the  matter.  We 
sincerely  think  and  hope  that,  as  soon  as  you  are  aware  of  this  state  of 
things,  you  will  issue  such  orders  as  will  relieve  us  from  our  present 
embarrassment ;  and,  if  it  is  the  design  of  your  department  not  to  take 
the  balance  of  the  materials  referred  to  in  the  letter  of  the  Secretary  of 
War  of  the  12th  of  July  last  to  the  different  agencies,  you  will  cer- 
tainly advise  us,  that  we  may  discontinue  our  labor,  and  consequent 
further  embarrassment  in  the  matter. 
With  gr%at  respect,  yours, 

SWEET,  IVES  &  HAWLEY, 
By  ALANSON  SWEET. 
Hon.  J.  J.  ABERT, 

Colonel  Corps  Topographical  Engineers. 


14  H.    Doc.  71. 

MILWAUKIE,  August  24,  1853. 

SIR  :  I  find,  on  going  to  Sheboygan  to  get  the  materials  at  that  place 
received,  and  to  realize  the  money  lor  the  same,  that  Colonel  Abert  has 
ordered  all  the  agents  with  whom  we  are  dealing  to  receive  none  of  the 
property  until  the  same  is  wanted  to  be  placed  in  the  work,  as  }TOU 
will  see  by  the  following  copy  of  a  clause  of  his  letter  of  the  12th  in- 
stant: " Contracts  not  being  fulfilled  are  void  and  forfeited;  but  as  an 
indulgence  to  the  contractors,  they  could  deliver  materials,  (when 
wanted  and  'as  required)  for  which  they  would  be  paid  at  contract 
prices." 

This  course  certainly  is  unfair,  as  the  contractors  are  not  able  to  lay 
out  of  the  use  of  their  money.  The  money  is  invariably  obtained  from 
banks,  and  on  short  lime,  and  the  materials  may  not  be  used  for  years, 
and  some  of  them  never;  yet,  by  your  very  indulgent  decision  on  the 
12th  of  July  last,  the  contractors  were  encouraged  to  go  on  and  make 
further  investments  in  materials,  and  are  now  at  work  delivering  mate- 
rials, which  they  would  not  do  if  they  supposed  they  were  not  certain 
of  the  government's  taking  and  paying  for  the  same.  If  the  order  of 
Colonel  Abert  is  sustained  the  property  will  be  sold  at  sheriff's  sale, 
and  the  contractors  totally  ruined.  Will  you,  sir,  notice  this  matter  ? 
With  great  respect,  yours, 

SWEET,  IVES  &  HAWLEY, 
By  ALANSON  SWEET. 

Hon.  JEFFERSON  DAVIS, 

Secretary  of  War. 


WASHINGTON,  September  19,  1853. 

SIR  :  There  having  been  some  misunderstanding  as*to  the  meaning 
and  intentions  of  the  department  by  its  decision  of  the  12th  July  last,  in 
relation  to  the  materials  required  for  harbor  improvements  on  the  north 
western  lakes,  and  feeling  desiious  of  meeting  the  views  of  the  depart- 
ment so  far  as  possible,  we  have  the  honor  to  submit  for  decision  the 
following  questions,  viz : 

1.  Shall  not  the  timber  and  other  materials  which  have  been  delivered 
and  receipted  for  by  the  government  agent  be  forthwith  paid  for? 

2.  Shall  not  the  timber  and  other  materials  (iron,   &Q.)  which  are 
upon  the  spot,  ready  for  formal  delivery,  be  forthwith  inspected,  and  if 
accepted,  be  at  once  paid  for ;  most  of  which  were  ready  for  inspection 
before  the  12th  July  last,  the  date  of  your  decision  referred  to? 

3.  Will  the  materials  now  being  prepared  be  inspected,  received, 
and  paid  for  on  delivery  at  the  proper  points,  on  notice  thereof  being 
given  to  the  government  agent  ? 

4.  Shall  we  proceed  with  despatch  to  prepare  tnd  deliver  the  bal- 
ance of  the  materials  of  all  descriptions  as  called  for  in  the  contract ; 
and  will  they  be  inspected,  received,  and  paid  for  on  notice  of  such  de- 
livery being  given  to  the  agent,  provided  they  shall  be  delivered  as  fast 
as  the  works  actually  require? 


H.    Doe.   71.  15 

§ 

We  would  add  that,  under  the  decision  of  the  12th  July,  we  pro- 
ceeded in  good  faith  to  prepare  and  deliver  additional  materials,  upon 
the  supposition  that  the  intention  of  the  honorable  Secretary  of  War  was 
to  have  received  and  paid  for,  at  contract  prices,  all  materials  deliv- 
ered prior  to  such  being  required  for  use.  We  are  very  desirous  that 
the  money  shall  be  forthwith  paid  for  all  materials  receipted  for  or 
ready  to  be  inspected  at  the  date  of  that  decision  of  the  12th  July ;  any 
further  delay  will  be  ruinous  to  us.  We  are  ready  to  proceed  with  the 
balance  if  the  department  s»  desires.  We  beg  the  department  to  in- 
struct its  agent  to  pay  us  at  once  for  that  receipted  for,  and  also  that 
ready  to  be  inspected  ;  and  we  await  its  decision  on  the  other  proposi- 
tions. 

If  you  do  not  feel  authorized  to  give  an  affirmative  decision  to  our 
various  propositions  herein  submitted,  we  respectfully  request  a  refer- 
ence to  the  jjpnorable  Secretary  of  War. 

We  are,  most  respectfully,  your  obedient  servants, 

SWEET,  1VES  &  HAWLEY, 
By  ALANSON  SWEET. 

Col.  J.  J.  ABERT, 

Chief  of  Topographical  Engineers. 


BUREAU  OF  TOPOGRAPHICAL  ENGINEERS, 

Washington,  September  21,  1853. 

SIR:  I  have  the  honor  to  submit  to  the  consideration  and  decision  of 
the  honorable  Secretary  of  War,  a  letter  from  feweet,  Ives  &  Hawley, 
of  the  19th  September. 

This  letter  embraces  the  following  propositions  :  As  a  preliminary 
remark,  I  will  state  that,  the  contract  being  void  because  of  non-fulfil- 
ment, these  propositions  embrace  certain  indulgencies  to  the  contrac- 
tors, to  which  they  make  claim  on  the  ground  of  preliminary  expenses 
and  labor,  in  efforts  to  fulfil  the  contract. 

1st  proposition:  "  Shall  not  the  timber  and  other  materials  which 
have  been  delivered  and  receipted  for  by  the  government  agent  be 
forthwith  paid  for?" 

The  government  agent  had  no  right  to  receive  and  receipt  for  ma- 
terials, except  under  the  contract.  To  that  extent — namely,  for  timber 
and  other  materials  received  under  the  contract — the  proposition  is  not 
objectionable ;  but  for  materials  which  have  been  received  not  under 
the  contract,  I  cannot  vary  from  the  recommendation  in  the  report  from 
this  office  of  the  2d  September  instant. 

2d.  "  Shall  not  the  timber  and  other  materials  (iron,  &c.)  which  are 
upon  the  spot,  ready  for  formal  delivery,  be  forthwith  inspected,  and,  if 
accepted,  be  at  once  paid  for ;  most  of  which  was  ready  for  inspection 
before  the  12th  July  last,  the  date  of  your  decision  referred  to?" 

Cannot  recommend  any  decision  involving  more  than  is  stated  in  my 
report  of  2d  September  instant. 

3d.  "  Will  the  materials  now  being  prepared  be  inspected,  received, 
and  paid  for  on  delivery  at  the  proper  points,  on  notice  thereof  being 
iven  to  the  government  agent?" 


16  H.    Doc.  71. 

I  think  not,  unless  the  government  agent  wanting  said  materials  shall 
make  demand  for  the  same  in  writing,  giving  (ten  days)  notice,  stating 
kinds  and  qualities.  On  default  of  delivery  under  such  notice,  govern- 
ment agent  to  buy  of  any  one.  In  all  cases,  materials  to  be  rigidly 
inspected. 

4th.  "  Shall  we  proceed  with  despatch  to  prepare  and  deliver  the 
balance  of  the  materials  of  aK  descriptions,  as  called  for  in  the  con- 
tract; and  will  they  be  inspected,  received,  and  paid  for  on  notice  of 
such  delivery  being  given  to  the  agent,  provided  they  shall  be  delivered 
as  fast  as  the  works  actually  require?" 

I  think  not.  The  agent  should  be  the  judge  when  materials  are  re- 
quired, and  the  kinds.  His  notice,  not  that  of  the  former  contractor, 
should  govern.  Delivery  should  not  be  made  faster  than  he  (the  agent) 
shall  require,  who  shall  give  (ten  days)  notice  of  his  wants. 

For  fear  of  error,  I  submit  the  original  letter  of  Sw^et,  Ives  & 
Hawley  with  this  report,  and,  reverting  back  to  my  report  of  the  2d 
September,  and  to  the  views  of  this,  respectfully  recommend — 

1st.  That  the  agents  be  authorized  to  purchase  and  pay  for  "  such 
materials  as  the  contractors  had  on  hand  and  ready  for  delivery  at  the 
several  stations  at  the  time  the  decision  of  the  llth  July  was  received 
by  each  agent  at  each  station  or  place ;  may  be  received  and  paid  for, 
at  contract  prices,  in  the  form  of  open  purchase,  provided  such  mate- 
rials, on  proper  inspection,  should  be  of  the  qualities  and  kinds  re- 
quired, and  as  described  in  the  contracts." 

2d.  That  no  further  delivery  shall  be  made  of  right  by  the  con- 
tractors, but  only,  on  ten  days'  notice,  under  written  application  from 
the  agent,  and  be  paid  for  at  the  prices  stated  in  the  contract.  If  con- 
tractors fail  punctually  to  deliver  on  said  notice  and  application,  then 
the  agent  is  authorized  to  purchase  of  any  one  in  open  market.  In  all 
cases  the  materials  to  be  rigidly  inspected,  according  to  description 
and  direction  of  the  contracts. 

Respectfully,  sir.  your  obedient  servant, 

J.  J.  ABERT, 
Col,  Corps  Top.  Engineers. 

Hon.  JEFFERSON  DAVIS, 

Secretary  of  War. 


BUREAU  OF  TOPOGRAPHICAL  ENGINEERS, 

Washington,  October  1,  1853. 

SIR:  I  have  the  honor  to  acknowledge  your  direction  to  report  upon 
a  letter  from  Sweet,  Ives  and  Hawley,  (by  A.  Sweet,  esq.,)  of  the  28th 
September.  The  letter  is  to  be  considered  as  an  appeal  to  the  War 
Department,  from  the  decisions  which  have  been  made  in  reference  to 
certain  contract  matters. 

The  letter  speaks  of  facts  and  of  an  engagement  with  the  govern- 
ment. Of  the  facts  I  can  say  nothing :  all  the  facts  are,  in  my  judg- 
ment, involved  in  the  contracts,  which  it  must  be  presumed  parties 
read  before  signing,  and  contemplated  to  make  when  they  made  bids, 
under  advertisement  for  proposals. 


*  H.   Doc.  71.  17 

There  is  no  engagement  whatever  with  parties.  The  engagement 
was  the  contracts,  which  parties  failed  to  fulfil. 

The  appeal  is  now  for  an  extension  of  indulgence,  namely :  to  re- 
ceive and  pay  for  all  materials  now  on  the  ground  (at  the  several 
places)  and  ready  for  delivery.  He  submits  this  proposition,  as  the 
carrying  out  and  fulfilling  of  a  government  engagement. 

I  am  aware  of  no  such  engagement,  or  of  any  authority  for  such  an 
idea.  All  that  has  been  decided  in  the  case  is  as  follows  :  That  mate- 
rials on  hand  and  ready  for  delivery  when  the  decision  of  the  War 
Department  of  the  llth  July  was  received,  at  each  several  place,  should 
be  received  and  paid  for,  as  purchased  materials,  at  contract  prices, 
after  due  inspection,  &c.  . 

2d.  That  future  receiving  of  materials  should  be  regulated  by  future 
wants  of  the  works  and  future  demands  of  the  agent ;  preference  be- 
ing given  to  the  failed  contractors  in  these  cases,  if  they  could  supply 
in  time. 

Mr.  Sweet  contends  that  failures  to  deliver,  under  the  contracts,  have 
not  occasioned  delays  to  the  works. 

He  forgets  that  this  is  not  a  suitable  point  for  his  consideration,  and 
that  by  failure  to  deliver  according  to  contract,  no  materials  were  re- 
ceived. Materials  may  have  been  held  by  the  contractors,  and  have 
been  ready  for  delivery  soon  after  failure  ;  but  these  could  not  be  re- 
ceived by  agents,  who  had  the  contracts  for  their  guide  ;  and  this  very 
delay  and  failure  have  occasioned  all  the  delay  and  discussion  which 
have  followed,  and  the  decisions  Irom  which  he  now  appeals. 

Seeing  no  adequate  reason  for  changing  the  views  which  have  been 
presented  in  reports  from  this  office,  or  for  changing  the  decisions  which 
have  been  made  by  the  War  Department,  I  will  conclude  this  report 
by  submitting  all  the  papers  in  the  case  to  the  revision  and  final  decis- 
ion of  the  War  Department. 

Respectfully,  sir,  your  obedient  servant, 

J.  J.  ABERT, 
Colonel  Corps  fop.  'Engineers. 

Hon.  JEFFERSON  DAVIS, 

Secretary  of  War. 


BUREAU  OF  TOPOGRAPHICAL  ENGINEERS, 

Washington,  December  29,  1853. 

SIR:  That  I  might  answer  correctly  the  inquiry  in  your  note  of  the 
9th  instant,  circulars  were  written  to  all  the  agents  at  places  for  which 
Sweet,  Ives  and  Hawley  had  contracts.  Answers  having  been  re- 
ceived, I  now  submit  a  report. 

Manitowoc — agent,  Temple  Clark,  esq. — By  letter  from  the  agent, 
dated  17th  December,  1853,  it  appears  "that  there  are  no  materials  at 
that  place  ready  for  delivery  under  th£  Sweet,  Ives  and  Hawley  con- 
tract." Certain  sub-contractors  have  materials  on  hand  and  for  sale, 
which  at  contract  prices  would  amount  to  $1,420. 

The  owners  or  sub-contractors  will  sell  these  materials  for  $970. 

The  materials  consist  of  70  cords  of  stone,  and  4,000  feet  of  timber. 
2 


18  H.   Doc.  71.  t 

The  agent  reports  that  the  above  enumerated  materials  are  in  the  pos- 
session of  the  sub-contractors,  who  will  not  deliver  them  on  account  of 
Messrs.  Sweet,  Ives  and  Hawley. 

Sheboygan — agent,  D.  Newland,  esq. — By  letter  from  the  agent,  dated 
December  19,  1853,  it  appears  that,  "I  am  not  aware  of  there  being 
any  materials  ready  for  delivery  at  this  place,  under  the  Sweet,  Ives 
and  Hawley  contract,  except  the  following : 

6,000  Ibs.  of  1  |-inch  boll  iron $240  00 

20,000  feet  of  pine  plank 300  00 

received  as  per  report  for  July." 

Mdwaukic — agent,  H.  W.  Gunnison,  esq. — By  letter  dated  December 
15,  1853,  it  appears  that  there  is  "the  following  list  of  materials  now 
ready  for  delivery  under  said  contract,  and  the  contract  prices  thereof:" 
6,000  Ibs.  1  £-inch  bolt  iron $300  00 

327  cords  of  stone  for  crib  ballast 3,270  00 


3,570  00 

'Waukegan — agent,  Wm.  Gamble,  esq. — By  letter  dated  December 
15,  1853,  it  appears  that  "all  materials  ready  for  delivery"  at  that 
place,  under  the  Sweet,  Ives  and  Hawley  contract,  consist  of — 

29  cords  of  ballast  stone $348  00 

5,980  Ibs.  1^-inch  round  common  Pittsburg  iron,  (contract 

requires  best  bolt-iron) 299  00 

• 

*      647  00 


The  agent  also  reports  outstanding  claims  against  above,  amounting 
to  $26  42. 

In  my  opinion,  the  iron  as  above  described  could  not  be  received ; 
nor  do  I  think  we  have  anything  to  do  with  the  "outstanding  claims." 
I  presume  these  last  have  been  reported  as  liens  upon  the  materials, 
which  would- have  to  be  adjusted  before  the  materials  could  be  deliv- 
ered by  those  who  have  them  in  hand. 

Taking  these  reports,  however,  without  abatement  from  any  cause, 
it  appears  that  the  whole  value  of  materials  ready  for  delivery  at  all 
places,  on  account  of  the  Sweet,  Ives  and  Hawley  contract,  is  $5,637. 
Respectfully,  sir,  your  obedient  servant, 

J.  J.  ABERT, 
Colonel  Corps  Top.  Engineers. 
A.  CAMPBELL,  Esq., 

Chief  Clerk  War  Department. 


Q      WASHINGTON,  January  13,  1854. 

Levi  Blossom,  attorney,  with  full  powers  from  Sweet,  Ives  and  Haw- 
ley, presents  the  following  statement  as  to  materials  furnished  and  ready 
to  be  delivered  for  harbors  at  Milwaukie,  Sheboygan,  Manitowoc,  and 
Waukegan,  on  the  west  shore  of  Lake  Michigan,  on  the  first  day  of 
July  last : 


H.   Doc.  71.  19 

At  Milwaukie,  per  local  agent's  certificate  accompanying  this  state- 
ment— 

327  cords  of  stone,  at  $9 $2,943  00 

6,000  Ibs.  round  iron,  at  4£  cents 270  00 


3,213  00 

Sheboygan,  6,000  Ibs.  round  iron,  at  4  J  cents. .  $270  00 
Manitowoc,  4,000  Ibs.  round  iron,  at  4£  cents. .  180  00 
Waukegan,  6,000  Jbs.  round  iron,  at  4£  cents..  270  00 

720  00 


3,933  00 
Add  10  per  cent,  reserved 393  30 

4,326  30 


The  three  last  above-mentioned  'items  I  have  not  the  local  agent's 
act  for ;  but  all  the  above  material  was  on  hand,  and  the  same  was 
tendered  to  the  local  agents  at  the  several  points  on  the  first  day  of 
July  last,  except  at  Manitowoc,  where  there  was  no  agent  to  make  the 
tender  to.  The  agents  at  Milwaukie,  Sheboygan,  and  Waukegan, 
declined  receiving  the  same  and  giving  receipts  therefor  without  further 
instructions  from  the  department.  At  that  time  Mr.  Gunnison,  the 
local  agent  at  Milwaukie,  wrote  to  the  department  for  such  instructions, 
which  were  received  in  Milwaukie  about  the  first  of  August,  during 
his  absence.  Immediately  upon  his  return  I  called  upon  him,  and  on 
the  6th  of  August,  under  said  instructions,  he  gave  me  the  accompany- 
ing certificates  for  iron  and  stone  delivered  at  Milwaukie. 

On  the  8th  of  August  last,  I  forwarded  said  certificates  to  Colonel 
Abert ;  and  as  I  did  not  obtain  the  money  on  them,  I  have  not  since 
taken  the  trouble  to  travel  some  three  hundred  miles  back  and  forth  on 
our  lake  coast  to  procure  the  other  certificates  from  the  local  agents  at 
the  other  points  for  the  iron  herein  mentioned.  Now,  if  the  department 
will  pay  me  the  sum  of  three  thousand  two  hundred  and  thirteen 
dollars  at  this  time,  being  the  amount  due  according  to  the  certificates 
of  Mr.  Gunnison,  and  make  an  order  for  the  further  payment  of  the 
sum  of  seven  hundred  and  ninety  dollars  when  they  procure  the 
proper  certificates  that  the  iron  herein  before"  mentioned  is  at  Sheboygan, 
Manitowoc,  and  Waukegan,  making  in  all  the  sum  of  three  thousand 
nine  hundred  and  thirty-three  dollars,  and  add  the  10  per  cent,  hereto- 
fore reserved,  I  will  cancel  the  contracts  and  close  this  matter  up. 

The  reason  why  I  urge  the  payment  for  the  iron  delivered  at  the 
several  points  is,  because  it  is  of  an  unusual  size  for  common  work ; 
while  it  is  there  on  hand,  and  just  what  the  government  contracted  for, 
and  must  have  when  they  proceed  with  the  work.  Hoping  that  this 
matter  will  meet  your  favorable  consideration,  and  that  I  may  have  an 
answer  at  your  earliest  convenience,  T  am,  your  obedient  servant, 

LEVI  BLOSSOM,  of  Milwaukie, 
Attorney  for  Sweet,  Ives  Sf  Hawley,  with  full  powers. 

Hon.  JEFFERSOX  DAVIS, 

Secretary  of  War,  Washington,  D.  C. 


20  H.    Doc.  71. 

The  gross  sum  asked  for  by  the  foregoing  letter  is  four  thousand  three 
hundred  and  twenty-six  dollars  and  thirty  cents,  to  make  a  final  and 
complete  settlement. 

L.  BLOSSOM,  Attorney. 


WASHINGTON,  D.  C.,  April  2,  1853. 

SIR  :  When  I  talked  with  you  last  in  relation  to  the  materials  to  be 
furnished  by  myself  and  associates  (Messrs.  Ives  &  Hawley)  for  the 
harbors  of  Milwaukie,  Sheboygan,  and  Manitowoc,  I  understood  you 
to  say  that  you  wished  to  reduce  the  amount  of  materials  to  be  fur- 
nished about  one-half.  This,  I  think,  would  be  unfair,  as  we  bid  for 
the  work  with  the  understanding  that  the  amount  was  to  be  reduced 
only  in  case  it  exceeded  the  appropriation,  and  then  only  so  far  as  to 
bring  it  within  the  appropriation.  If  you  insist  upon  the  reduction,  I 
must  ask  that  the  matter  be  referred  to  the  War  Department,  to  see 
whether  we  are  not  entitled  to  furnish  the  whole  amount. 
Your  obedient  servant, 

ALANSON  SWEET, 
For  SWEET,  IVES  &  HAWLEY. 
Col.  J.  J.  ABERT, 

Chief  Topographical  Bureau. 


BUREAU  OP  TOPOGRAPHICAL  ENGINEERS, 

Washington,  February  14,  1854. 

SIR  :  I  have  received  a  letter  from  L.  Blossom,  esq.,  attorney  for 
Sweel,  Ives  &  Hawley,  of  the  4th  instant.  This  letter  concludes  with 
the  following  remarks :  "As  I  hold  the  iron  and  stone  in  my  own  name, 
why  would  not  a  bill  of  sale  direct  from  me  to  the  government  be  suf- 
ficient? It  would  do  away  with  all  complication  about  the  matter. 
This  is  Captain  Webster's  suggestion,  and  I  submit  it  for  your  con- 
sideration." 

"Why  would  not,"  &c.  Because  such  a  course  would  take  the 
demand  to  that  extent  out  of  the  pale  of  the  decision  of  the  Secretary, 
which  was  expressly  to  relieve  the  contractors,  Sweet,  Ives  &  Hawley. 
The  decision  states,  "the  agent  at  Milwaukie  having  given  certificates 
of  the  delivery  by  Messrs.  Sweet,  Ives  and  Hawley,"  &c.,  &c. 

The  decision  of  the  Secretary  is  your  guide.     Your  accounts  will  be 
judged  accordingly,  and  purchases  should  be  made  accordingly.     A 
form  avoiding  plain  direction  of  this  decision,  however  simple  in  ap- 
pearance, may  in  the  end  prove  more  complicated  and  embarrassing. 
Respectfully,  sir,  your  obedient  servant, 

J.  J.  ABERT, 
Col.  Corps  Top.  Engineers. 
Capt.  J.  D.  WEBSTER, 

Corps  Top.  Engineers,  Chicago,  Illinois, 


H.    Doc.  71.  21 

NEW  BUFFALO,  April  18,  1853. 

DEAR  SIR:  As  there  appears  but  little  probability  that  the  materials 
for  the  harbor  will  be  used  for  some  time,  I  would  respectfully  ask 
that  the  completion  of  my  contract  be  extended  to  the  last  of  July, 
instead  of  the  last  of  June.  Such  an  extension  would  confer  a  great 
favor  on  me,  and  cannot  in  any  way  inconvenience  the  United  States, 
as  it  appears,to  me.  Your  influence  in  favor  of  said  extension  would 
greatly  oblige 

Your  ooedient  servant, 

R.  S.  PHILLIPS. 

Col.  J.  J.  ABERT, 

Corps  Top.  Engineers,  Washington. 

P.  S. — I  find  great  difficulty  in  getting  the  long  timber,  as  I  can  only 
find  it  on  wet  ground,  and  the  winter  was  so  unusually  mild  that  we 
had  no  sleighing  in  the  woods. 


BUREAU  OF  TOPOGRAPHICAL  ENGINEERS, 

Washington,  July  12,  1853, 

SIR:  Your  letter  of  the  1st  June  was  submitted  to  the  War  Depart- 
ment, as  you  were  advised  by  letter  of  the  7th  instant. 

The  decision  of  the  honorable  Secretary  in  reference  to  contract  mat- 
ters is  as  follows : 

"The  materials  may  be  received  of  the  contractor  at  contract  prices, 
if  furnished  in  quantities  and  at  times  to  meet  the  demand  of  the  work ; 
in  default  of  this  they  may  be  purchased  in  open  market." 
Respectfully,  sir,  your  obedient  servant, 

J.  J.  ABERT, 
Colonel  Corps  Topographical  Engineers. 

SAMUEL  HALE,  Esq., 

United  States  Agent,  Kenosha,  Wisconsin. 


BUREAU  OF  TOPOGRAPHICAL  ENGINEERS, 

Washington,  May  26,  1853. 

SIR  :  Your  letter  of  the  20th  May  has  been  received.  The  embar- 
rassment to  which  you  are  exposed,  and  the  apprehension  of  "  ruin"  on 
your  p^rt,  are  matters  of  regret ;  but  it  appears  to  me  that  it  is  in  your 
power  to  avoid  the  consequences  you  apprehend  by  pursuing  the  course 
indicated  in  my  letter  of  the  16th  instant. 

Respectfully,  sir,  your  obedient  servant, 

J.  J.  ABERT, 

Colonel  Topographical  Engineers. 
R.  S.  PHILLIPS,  Esq., 

New  Buffalo,  Michigan. 


22  H.    Doc.  71. 

NEW  BUFFALO,  May  20,  1853. 

DEAR  SIR  :  I  wrote  to  you  about  a  month  since,  soliciting  an  exten- 
sion of  my  contract  from  the  last  of  June  to  the  last  of  July,  on  account 
of  the  unusual  stale  of  the  roads,  &c. 

The  whole  country  is  completely  submerged  in  water,  and  it  is  im- 
possible for  me  to  haul  my  timber  out  of  the  woods  until  we  get  some 
dry  weather;  a  large  amount  of  which  is  about  sixteen  miles  from  here, 
and  has  to  be  hauled  over  two  miles  tlyough  wet  low-land  to  the  lake 
shore,  and  then  rafted  to  this  place.  (That  was  the  only  place  at 
which  I  could  get  my  long  timber;  and  it  is  really  a  fine  lot  of  timber.) 
I  have  had  a  quantity  on  the  lake  shore  for  some  time,  but  the  weather 
has  been  such  that  I  could  not  raft  it ;  shall  do  so,  however,  as  soon  as 
the  weather  will  permit.  A  large  proportion  of  my  stone  is  delivered 
on  the  pier  at  Chicago  ready  tor  shipment,  and  a  propeller  chartered  to 
deliver  it  here,  but  there  has  not  been  any  time  for  the  last  month  when 
a  vessel  could  leave  Chicago  with  a  cargo  of  stone  and  land  it  at  this 
point. 

The  iron  is  on  the  way  from  Pittsburg,  and  will  be  here  by  the  last 
of  the  month,  as  per  advisement  just  received. 

Now,  sir,  as  you  are  undoubtedly  aware  we  have  had  a  very  unusual 
winter  and  spring,  which  has  been  exceedingly  unfavorable  for  getting 
out  timber,  you  will  readily  perceive  that  it  has  been  very  much  to  my 
disadvantage;  but  if  God  spares  my  life,  and  the  department  over 
which  you  preside  will  grant  me  the  extension  asked  for,  the  whole  con- 
tract shall  be  well  and  faithfully  performed ;  but  if,  on  the  contrary, 
you  insist  on  the  fulfilment,  to  the  letter,  as  to  the  different  times,  &c., 
then,  sir,  I  am  ruined,  and  must  submit.  But  as  the  government  will 
sustain  neither  loss  nor  inconvenience  by  granting  the  favor  I  am  asking, 
I  hope  and  trust  such  action  will  be  taken  as  will  enable  me  to  save 
myself  from  loss  and  ruin.  Your  good  influence  is  respectfully  soli- 
cited by 

Your  obedient  servant, 

R.  S.  PHILLIPS. 

Col.  J.  J.  ABERT. 

P.  S. — As  I  received  no  answer  to  my  former  letter,  I  hope  you  will 
answer  this  at  your  earliest  convenience,  and  oblige 

R.  S.  P. 


OFFICE  OF  PUBLIC 

Kenosha,  July  1,  1853. 

SIR:  Mr.  Parks  has  entirely  failed  to  fulfil  his  contract  made  with 
the  department  for  materials  lor  the  harbor  at  Kenosha.  He  has  the 
iron  in  Kenosha,  which  I  declined  receiving,  on  account  of  its  not  being 
ready  for  delivery  until  a  few  days  before  the  time  specified  in  his  con- 
tract for  the  third  delivery  of  materials.  Timber,  stone,  and  plank — 
none  has  been  delivered. 


H.    Doc.  71.  23 

Mr.  Parks  called  on  me  a  few  days  since,  and  stated  that  he  would 
go  on  and  fulfil  his  contract,  and  deliver  the  materials  as  fast  as  they 
would  be  needed  for  the  work,  if  the  department  would  allow  him  to 
do  so,  and  that  he  would  give  security  for  the  faithful  performance  of 
the  same. 

I  am,  very  respectfully,  your  obedient  servant, 

•  SAML.  HALE,  U.  S.  Agent. 

Col.  J.  J.  ABERT, 

Corps  Topographical  Engineers. 


OFFICE  OF  PUBLIC  WORKS, 

Kenosha,  June  1,  1853. 

SIR  :  Yours  of  the  23d  of  May  is  received.  Mr.  Parks  has  failed 
to  deliver  any  materials,  as  specified  by  the  terms  of  his  contract,  viz : 
31st  of  March,  30th  April,  and  31st  May,  excepting  the  iron,  which  he 
has  had  in  Kenosha  several  days.  It  was  shipped  to  me,  but  I  have 
not  received  it  on  his  contract. 

I  stated  to  you,  in  my  communication  of  the  26th  May,  what  Mr. 
Parks  said  in  relation  to  fulfilling  his  contract  made  with  the  depart- 
ment, to  which  I  would  refer  you. 

If  he  should  hereafter  bring  on  any  of  the  materials,  I  should  not 
receive  them  on  any  other  conditions  than  to  be  subject  to  y  our  appro- 
val or  disapproval,  and  shall  await  your  instructions  in  the  matter. 

The  city  have  been  raising  the  piers,  so  that  they  will  be  four  feet 
above  the  level  of  the  water  when  they  finish  putting  on  what  timber 
they  now  have  on  hand,  which  will  be  in  a  few  days. 

Pine  timber  can  be  delivered  here  at  Is.  per  foot,  if  needed,  and 
the  other  materials  as  stated  in  my  communication  of  the  26th-  of 
May. 

I  remain,  sir,  very  respectfully,  your  obedient  servant, 

SAMUEL  HALE,  U.  S.  Agent. 

Col.  J.  J.  ABERT, 

Corps  Topographical  Engineers. 


BUREAU  OF  TOPOGRAPHICAL  ENGINEERS, 

Washington,  July  12,  1853. 

SIR:  Your  letter  of  the  7th  instant  has  been  received.     The  decision 
of  the  honorable  Secretary  upon  contract  matters  having  been  made, 
has  been  communicated  to  the  agent  at  Racine  and  the  agent  at  Keno- 
sha, at  which  places  you  have  contracts  for  the  delivery  of  materials. 
Respectfully,  sir,  your  obedient  servant, 

J.  J.  ABERT, 
Colonel  Corps  Top.  Engineers. 
CALVIN  C.  PARKS,  Esq., 

fVaukegan,  Illinois. 


24  H.  Doc.  71. 

RACINE,  WISCONSIN,  July  '2,  1853. 

SIR  :  On  the  31st  day  of  May  I  submitted  to  you  a  statement  of  the 
condition  of  the  harbor  at  this  place,  together  with  my  views  as  to  the 
best  mode  of  expending  the  means  appropriated,  to  which  communica- 
tion I  have  received  no  reply. 

I  have  to  inform  you  that  Mr.  Parks,  the  contractor,  had  his  iron  all 
ready  for  delivery  by  the  31st  day  of  May,  and  stone  enough  to  fill  one 
contract  delivery-by  the  30th  day  of  June.  He  has  also  ready  for  de- 
livery upwards  of  four  hundred  pieces  of  oak  timber,  and  I  am  in- 
formed that  he  has  one  hundred  pieces  more  shipped  and  now  on  the 
way  here.  As  the  time  for  delivery,  as  per  contract,  has  expired,  you 
will  please  inform  me  with  regard  to  receiving  it  or  not. 

You  will  also  please  send  me  the  blanks  necessary  to  be  used  in  the 
discharge  of  my  duties. 

Respectfully,  your  obedient  servant, 

J.  A.  CARSWELL,  U.  S.  Agent. 

J.  J.  ABERT, 

Colonel  Topographical  Engineer*. 


WAUKEGAN,  July  7,  1853. 

SIR:  Several  weeks  since,  Mr.  Carswell,  the  agent  at  Racine,  in- 
formed me  that  he  had  sent  for  money  to  pay  for  the  materials  delivered 
under  my  contract,  and  at  the  same  time  he  sent  to  the  department  a 
copy  of  my  written  assent  to  a  change  of  the  quantity  of  materials  pro- 
posed by  him,  subject  to  the  decision  of  the  department.  He  has 
repeatedly  informed  me  since  that  he  has  received  no  money,  nor  any 
information  relative  to  the  decision  upon  the  proposition  referred  to.  I 
have  delivered  several  thousand  dollars'  worth  of  materials  at  Racine, 
for  which  I  confidently  expected  the  money  long  since,  but  have  been 
disappointed.  I  do  hope  that  the  money  may  be  sent  to  the  agent 
without  further  delay,  that  I  may  be  saved  from  ruin. 

It  is  also  necessary  that  the  matter  relating  to  a  change  of  quantity 
of  materials  be  decided  soon,  as  I  have  already  as  much  hewn  timber 
at  Racine  as  can  be  used  under  the  present  appropriation,  should  Mr. 
Carswell's  proposition,  which  I  assented  to,  be  sanctioned  by  the  de- 
partment. 

I  am  ready,  and  willing,  and  able,  to  fulfil  my  contract  with  govern- 
ment to  the  letter,  except  as  to  matter  of  time,  both  at  Racine  and 
Kenosha,  if  I  can  receive  my  money  at  stated  periods  of  delivery,  (less 
10  per  cent,  retained,)  and  I  can  deliver  the  materials  as  fast  as 
they  can  be  used.  In  case  of  failure,  I  would  pay  all  damages  accruing 
to  the  government.  I  have  all  the  materials  on  hand  and  within  my 
reach,  and  have  purchased  and  fitted  up  a  vessel  expressly  to  carry 
out  my  contract.  But  it  is  wholly  out  of  my  power  to  carry  on  my 
business  without  receiving  something  for  my  materials  that  have  been 
delivered. 

Should  there  be  any  preliminary  questions  to  be  settled  previous  to 
the  payment  of  the  money,  •!  hope  and  pray  that  they  may  be  referred 


H.    Doc.  71.  25 

to  some  officer  here,  to  avoid  further  delay,  which  would  be  ruinous  to 
me.     Please  let  me  hear  from  you  by  return  mail. 
Truly,  your  obedient  servant, 

CALVIN  C.  PARKS. 
Col.  J.  J.  ABERT, 

Corps  Topographical  Engineers,  Washington. 

P.  S. — The  whole  of  the  iron  was  delivered  at  Kenosha  early  in  the 
month  of  May,  before  the  agent  had  received  his  money.  .  On  receiving 
the  money,  he  declined  to  pay  for  the  iron,  because  it  was  not  de- 
livered on  the  day  fixed  by  the  contract.  I  stated  to  the  agent  that  I 
was  then  ready  and  would  hold  myself  in  readiness  to  proceed  to 
deliver  the  other  materials,  if  I  could  have  an  assurance  of  receiving 
my  money  for  them — and  there  the  matter  stands.  Will  you  have  the 
kindness  to  instruct  Mr.  Hale  to  pay  me  for  the  iron  ? 
•  Ycfurs,  &c., 

•  CALVIN  C.  PARKS. 


BUREAU  OF  TOPOGRAPHICAL  ENGINEERS, 

Washington,  May  16,  1854. 

SIR:  Your'letter  of  the  18th  April  has  been  received.  No  modifica- 
tion of  the  terms  of  the  contract  can  be  allowed ;  but  if  you  will  agree 
to  dispense  entirely  with  the  third  delivery  under  the  contract,  then, 
and  in  that  case,  the  second  delivery  can  be  made  in  the  month  of 
June,  which  will  close  the  contract;  otherwise,  as  before  stated,  no 
modification  of  the  terms  of  the  contract  can  be  allowed. 
Respectfully,  sir,  your  obedient  servant, 

J.  J.  ABERT, 
Col.  Corps  Top.  Engineers. 
R.  L.  PHILLIPS,  Esq., 

New  Buffalo,  Michigan. 

This  agreement,  made  this  8lh  day  of  March,  1853,  between  J.  J. 
Abert,  colonel  of  the  corps  of  topographical  engineers,  in  the  service 
of  the  United  States,  acting  with  the  consent,  and  under  the  direction, 
of  the  honorable  Charles  M.  Conrad,  Secretary  of  War,  of  the  first 
part,  and  Alanson  Sweet,  Stephen  «W.  Ives,  and  Abel  Hawley,  of  Mil- 
waukie,  in  the  State  of  Wisconsin,  of  the  second  part,  witnesseth : 

That  the  said  Alanson  Sweet,  Stephen  W.  Ives,  and  Abel  Hawley, 
do  hereby  agree  and  contract  to  furnish  and  deliver  for  the  harbor  con- 
struction about  to  be  commenced  at  Waukegan,  Illinois,  at  such  points 
as  may  be  designated  by  the  officer  or  agent  superintending  the  same, 
the  following  described  materials,  to  wit : 

Two  hundred  and  thirty  pieces  hewn  white-oak  timber,  thirty-two 
feet  long,  twelve  inches  square. 

Two  hundred  and  seventy-five  pieces  hewn  white  oak,  thirty  feet 
long,  twelve  inches  square. 

Four  hundred  pieces  hewn  white  oak,  twenty-five  feet  long,  twelve 
inches  square. 


26  H.    Doc.  71. 

Sixty  thousand  feet,  board  measure,  three-inch  pine  plank,  six  inches 
wide. 

Six  thousand  pounds  IJ-inch  best  bolt  iron,  in  pieces  twelve  and 
fifteen  feet  long. 

Three  hundred  and  fifty  cords  good  hard  stone  for  crib  ballast,  each 
cord  to  measure  one  hundred  and  twenty-eight  cubic  feet. 

To  be  delivered  as  follows  : 

One-third  of  the  timber,  plank,  and  iron,  by  the  31st  day  of  March 
next;  one-thiscl  by  the  30th  day  of  April  next;  one-third  by  the  31st 
day  of  May  next.  One-third  of  the  stone  by  the  30th  of  April  ftext; 
one-third  by  the  31st  day  of  May  next;  one-third  by  the  30th  day  of 
June  next. 

The  articles,  as  delivered  on  these  several  specified  days,  to  be 
measured  and  inspected  by  the  officer  or  agent  in  charge  of  the  con- 
struction of  said  harbor ;  and  if  approved  and  received,  to  be  paid  for 
at  the  prices  hereinafter  stated,  less  ten  per  Ctntum  thereof,  which  per 
centum  will  be  retained  from  the  contractor  until  the  contract  snail 
have  been  fully  executed,  when  the  amount  so  retained  will  be  paid  to 
him.  And  in  case  of  a  failure  to  complete  the  contract,  the  amount  of 
the  retained  per  centum  will  be  forfeited  to  the  United  States,  in 
addition  to,  and  irrespective  of,  any  other  penalty  which  may  attach 
to  the  non-fulfilment  of  this  contract.  The  aforesaid  Colonel  J.  J. 
Abert,  acting  as  before  stated,  contracts  and  engages  that  payments 
shall  be  made  to  the  party  of  the  second  part,  before  named,  at  the 
following  prices,  viz: 

For  two  hundred  and  thirty  pieces  hewn  white  oak,  12"  X  12"  X  32', 
eighteen  cents  per  foot. 

For  two  hundred  and  twenty-five  pieces  hewn  white  oak,  12"  X  12" 
X  30',  eighteen  cents  per  foot. 

For  four  hundred  pieces  hewn  white  oak,  12"  X  12"  X  25',  eighteen 
cents  per  foot. 

For  sixty  thousand  feet,  board  measure,  three-inch  pine  plank,  six 
inches  wide,  twelve  dollars  per  thousand  feet. 

For  six  thousand  pounds  1^-inch  best  bolt  iron,  five  cents  per  pound. 

For  three  hundred  and  fifty  cords  good  hard  stone  for  crib  ballast, 
twelve  dollars  per  cord. 

It  is  further  agreed  and  contracted  that  this  contract  shall  not  be 
assigned  or  transferred  to  any  other  person  or  p3rsons,  without  special 
permission,  in  writing,  first  obtained  from  the  War  Department,  and 
that  no  member  of  Congress  shall  be  admitted  to  any  share  or  part  of 
this  contract,  or  to  any  portion  of  the  benefit  to  arise  therefrom. 

In  testimony  whereof,  the  said  parties  have  signed  and  sealed  this 
contract  in  triplicate — the  party  of  the  first  part  at  Washington  city, 
the  8th  day  of  March,  1853,  and  the  parties  of  the  second  part  at 
Wauke2;an,  Illinois,  the  —  day  of  March,  1853. 

J.  J.  ABERT,  [L.  s.] 

Col.  Corps  Top.  Engineers. 

Signed  and  sealed  by  J.  J.  Abert,  in  presence  of — 
GEO.  THOMSON. 
J.  R.  DORSE Y. 


H.   Doc.   71.  27 

ALANSON  SWEET.  [L.  s.] 
STEPHEN  W.  IVES.  [L.  s.= 
ABEL  HAWLEY.  [L.  s/ 

Signed  and  sealed  by  Alanson  Sweet,  Stephen  W.  Ives,  and  Abel 
Haw  ley,  in  presence  of — 

A.  R.  GRAY,  for  S.  W.  Ives. 

J.  L.  BARSTOW,  for  Abel  Haw  ley. 

W.  A.  Cox.  for  Ives,  Hawley  &  Sweet. 


This  agreement,  made  this  13th  day  of  January,  1853,  between  J. 
J.  Abert,  colonel  of  the  corps  of  topographical  engineers,  in  the  service 
of  the  United  States,  acting  with  the  consent  and  under  the  direction 
of  the  Hon.  Charles  M.  Conrad,  Secretary  of  War,  of  the  first  part,  and 
R.  L.  Phillips,  of  New  Buffalo,  State  of  Michigan,  of  the  second  part, 
witnesseth : 

That  the  said  R.  L.  Phillips  does  hereby  agiee  and  contract  to  fur- 
nish and  deliver  at  the  harbor  of  New  Buffalo,  Michigan,  the  following 
materials,  to  wit : 

One  hundred  and  fifty  pieces  hewn  white-oak  timber,  thirty  feet  long, 
fourteen  inches  square. 

One  hundred  and  fifty  pieces  hewn  white-oak  timber,  forty  feet  long, 
fourteen  inches  square. 

One  hundred  pieces  hewn  white-oak  timber,  sixty  feet  long,  fourteen 
inches  square. 

Ten  pieces  hewn  white-oak  timber,  sixty  feet  long,  sixteen  inches 
square. 

One  hundred  round  white-oak  piles,  thirty  feet  long,  to  square  at  the 
big  end  fourteen  inches. 

Nine  thousand  pounds  best  quality  1^-inch  bolt  iron,  in. pieces  12  or 
15  feet  long  each. 

Three  hundred  cords  of  good  hard  stone  for  crib  ballast,  each  cord 
to  measure  128  cubic  feet. 

To  be  delivered  a£  follows: 

One-third  of  the  timber  and  iron  by  the  31st  day  of  March  next;  one- 
third  by  the  30th  day  of  April  next;  one-third  by  the  31st  day  of  May 
next. 

One-third  of  the  stone  by  the  30th  day  of  April  next;  one-third  by 
the  31st  day  of  May  next;  one-third  by  the  30th  day  of  June  next. 

The  articles,  as  delivered  on  these  several  specified  days,  to  be 
measured  and  inspected  by  the  officer  or  agent  in  charge  of  the  construc- 
tion of  said  harbor;  and  if  approved  and  received,  the  quantity  so  ap- 
proved and  received  to  be  paid  for  at  the  prices  hereinafter  stated,  less 
ten  per  centum  thereof,  which  per  centum  will  be  retained  from  the 
contractor  until  the  contract  shall  have  been  fully  executed,  when  the 
amount  so  retained  will  be  paid  to  him ;  and  in  case  of  a  failure  to 
complete  the  contract,  the  amount  of  the  retained  per  centum  will  be 
forfeited  to  the  United  States,  in  addition  to  and  irrespective  of  any 
other  penalty  which  may  attach  to  the  non-fulfilment  of  this  contract. 

The  aforesaid  Colonel  J.  J.  Abert,  acting  as  before  stated,  contracts 


28  H.  Doc.  71. 

and  engages  that  payments  shall  be  made  to  the  party  of  the  second 
part  before  named,  at  the  following  prices,  viz: 

For  150  pieces  hewn  white  oak,  14"  X  14"  X  30',  the  sum  of  $517  50. 

For  150  pieces  hewn  white  oak,  14"  X 14"  X  45',  the  sum  of  $1,012  50. 

For  100  pieces  hewn  white  oak,  14"X14"X60/,  the  sum  of  $1,680. 

For  10  pieces  hewn  white  oak,  16"  X  16"  X  60',  the^sum  of  $240. 

For  100  round  while-oak  piles,  30  feet  long,  to  square  at  the  big  end 
14",  the  sum  of  $270. 

For  9,000  pounds  best  quality  1^-inch  bolt  iron,  the  sum  of  $427  50. 

For  300  cords  good  hard  stone,  the  sum  of  $3,000. 

In  testimony  whereof,  the  parties  to  this  agreement  have  hereunto 
set  their  hands  and  seals,  the  day  and  year  first  above  written. 

J.  J.  ABERT,          [L.  s.] 

Colonel  Corps  Topographical  Engineers. 

R.  L.  PHILLIPS.    [L.  s.] 

Signed,  sealed,  and  delivered  in  presence  of — 
GEO.  THOMSON, 
H.  R.  CROSBY, 

Witnesses  to  signature  of  J.  J.  Abert. 
A.  BENNETT, 
THOS.  R.  BOWES, 

Witnesses  to  signature  of  R.  L.  Phillips. 


This  agreement,  made  this  8th  day  of  March,  eighteen  hundred  and 
fifty-three,  between  J.  J.  Abert,  colonel  of  the  corps  of  topographical 
engineers,  in  the  service  of  the  United  States,  acting  with  the  consent 
arid  under  the  direction  of  the  Hon.  Charles  M.  Conrad,  Secretary 
of  War,  of  the  first  part,  and  Alanson  Sweet,  Stephen  W.  Ives,  and 
Abel  Hawley,  of  Milwaukie,  in  the  State  of  Wisconsin,  of  the  second 
part,  witnesselh : 

That  the  said  Alanson  Sweet,  Stephen  W.  Ives,  and  Abel  Hawley, 
do  hereby  agree  and  contract  to  furnish  and  deliver  for  the  harbor  con- 
struction about  to  be  commenced  at  Manitowo^,  Wisconsin,  the  fol- 
lowing described  materials,  to  wit : 

One  hundred  and  sixty  pieces  hewn  white-oak  timber,  thirty- two 
feet  long,  twelve  inches  square. 

Two  hundred  pieces  hewn  white-oak  timber,  thiry  feet  long,  twelve 
inches  square. 

Three  hundred  pieces  hewn  white-oak  timber,  twenty-five  feet  long, 
twelve  inches  square. 

Forty  thousand  feet,  board  measure,  three-inch  pine  plank,  six  inches 
wide. 

Four  thousand  pounds  1^-inch  best  bolt  iron,  in  pieces  12  and  15 
feet  long. 

Two  hundred  and  fifty  cords  good  hard  stone  for  crib  ballast,  each 
cord  to  measure  one  hundred  and  twenty-eight  cubic  feet. 

To  be  delivered  as  follows  : 

One-third  of  the  timber,  plank,  and  iron  by  the  31st  day  of  March, 
one-third  by  the  30th  day  of  April,  one-third  by  the  31st  day  of  May, 


H.    Doc.  71.  29 

1853  :  one- third  of  the  stone  by  the  30th  day  of  April,  one-third  by  the 
30th  day  of  May,  one-third  by  the  30th  day  of  June,  1853. 

The  articles,  as  delivered  on  these  several  specified  days,  to  be  meas- 
ured and  inspected  by  the  officer  or  agent  in  charge  of  the  construction 
of  said  harbor  ;  and  if  approved  and  received,  to  be  paid  for  at  the  prices 
hereinafter  stated,  less  ten  per  centum  thereof,  which  per  centum  will 
be  retained  from  the  contractor  until  the  contract  shall  have  been  fully 
executed,  when  the  amount  so  retained  will  be  paid  to  him  ;  and  in 
case  of  a  failure  to  complete  the  contract,  the  amount  of  the  retained 
per  centum  will  be  forfeited  to  the  United  States,  in  addition  to  "and 
irrespective  of  any  other  penalty  which  may  attach  to  the  non-fulfil- 
ment of  this  contract. 

The  aforesaid  Colonel  J.  J.  Abert,  acting  as  before  stated,  contracts 
and  engages  to  pay,  or  cause  to  be  paid,  to  the  party  of  the  second  part, 
the  following  prices,  viz : 

For  one  hundred  and  sixty  pieces  hewn  white  oak,  12"  X 12"  X  32', 
the  sum  of  $921  60. 

For  two  hundred  pieces  hewn  white  oak,  12"  X 12"  X  30',  the  sum  of 
$1,080. 

For  three  hundred  pieces  hewn  white  oak,  12"  X 12"  X  25',  the  sum 
of  $1,350. 

For  forty  thousand  feet,  board  measure,  three-inch  pine  plank,  six 
inches  wide,  the  sum  of  $480. 

For  four  thousand  pounds  1  J-inch  bolt  iron,  the  sum  of  $200. 

For  two  hundred  and  fifty  cords  good  hard  stone,  for  crib  ballast, 
the  sum  of  $2,500. 

It  is  further  agreed  and  contracted  that  this  contract  shall  not  be  as- 
signed or  transferred  by  the  contractors  to  any  other  person  or  persons 
without  special  permission,  in  writing,  first  obtained  from  the  War 
Department,  and  that  no  member  of  Congress  shall  be  admitted  to 
any  share  or  part  of  this  contract,  or  to  any  portion  of  the  benefits 
to  arise  therefrom. 

In  testimony  whereof,  the  said  parties  have  signed  and  sealed  this 
contract  in  triplicate — the  party  of  the  first  part  at  Washington  city, 
the  eighth  day  of  March,  1853,  and  the  parties  of  the  second  part  at 

Milwaukie,  Wisconsin,  the day  of  March,  1853. 

J.  J.  ABERT,        [L.  s.] 

Col.  Corps  Top.  Engineers. 

Signed  and  sealed  by  J.  J.  Abert,  in  presence  of — 
GEORGE  THOMSON, 
J.  R.  DORSET. 

ALANSON  SWEET.  [L.  s." 
STEPHEN  W.  IVES.  [L.  s/ 
ABEL  HAWLEY.  [L.  s/ 

Signed  and  sealed  by  A.  Sweet,  S.  W.  Ives,  and  A.  Hawley,  in  pres- 
ence of — 

CHARLES  JAMES,  for  Alanson  Sweet. 

A.  R.  GRAY,  for  S.  W.  Ives. 

J.  L.  BARSTOW,  for  Abel  Hawley. 

H.  F.  Cox,  for  Sweet,  Ives  &  Hawley. 


30  H.   Doc.  71. 

This  agreement,  made  this  21st  day  of  January,  1853,  between  J.  J. 
Abert,  colonel  of  the  corps  of  topographical  engineers,  in  the  service 
of  the  United  States,  acting  with  the  consent  and  under  the  direction 
of  the  honorable  Charles  M.  Conrad,  Secretary  of  War,  of  the  first 
part,  and  Calvin  C.  Parks,  of  Waukegan,  State  of  Illinois,  of  the  second 
part,  witnesseth  : 

That  the  said  Calvin  C.  Parks  does  hereby  agree  and  contract  to 
furnish  and  deliver,  at  the  harbor  of  Racine,  Wisconsin,  the  following 
described  materials,  to  wit : 

Three  hundred  and  sixty  pieces  hewn  white-oak  timber,  thirty-two 
feet  long,  twelve  inches  square. 

Four  hundred  and  fifty  pieces  hewn  white-oak  timber,  thirty  feet 
long,  twelve  inches  square. 

Six  hundred  and  forty  pieces  hewn  white-oak  timber,  twenty-five 
feet  long,  twelve  inches  square. 

Ninety  thousand  feet,  board-measure,  3-inch  plank,  six  inches  wide, 
the  usual  length  of  flooring  plank. 

Nine  thousand  pounds  1^-inch  best  quality  bolt  iron,  in  pieces  twelve 
and  fifteen  feet  long. 

Three  hundred  and  fifty  cords  good  hard  slone  for  crib  ballast,  eacn 
cord  to  measure  one  hundred  and  twenty-eight  cubic  feet. 

To  be  delivered  as  follows : 

One-third  of  the  timber,  plank,  and  iron  by  the  31st  day  of  March 
next ;  one-third  by  the  30th  day  of  April  next ;  one-third  by  the  31st 
day  of  May  next. 

One-third  of  the  stone  by  the  30th  day  of  April  next;  one- third  by 
the  31st  day  of  May  next;  one-third  by  the  30th  day  of  June  next. 

The  articles,  as  delivered  on  these  several  specified  days,  to  be 
measured  and  inspected  by  the  officer  or  agent  in  charge  of  the  con- 
struction of  said  harbor;  and  if  approved  and  received,  to  be  paid  for 
at  the  prices  hereinafter  stated,  less  ten  per  centum  thereof;  which  per 
centum  will  be  retained  from  the  contractor  until  the  contract  shall 
have  been  fully  executed,  when  the  amount  so  retained  will  be  paid  to 
him  ;  and  in  case  of  a  failure  to  complete  the  contract,  the  amount  of 
the  retained  per  centum  will  be  forfeited  to  the  United  States,  in  addi- 
tion to,  and  irrespective  of,  any  other  penalty  which  may  attach  to  the 
non-fulfilment  of  this  contract. 

The  aforesaid  Colonel  J.  J.  Abert,  acting  as  before  stated,  contracts 
and  engages  to  pay,  or  cause  to  be  paid,  to  the  party  of  the  second 
part,  the  following  prices,  viz  : 

For  three  hundred  and  sixty  pieces  hewn  white  oak,  12"  X  12"  X  32', 
the  sum  of  $1,382  40. 

For  four  hundred  and  fifty  pieces  hewn  white  oak,  12"  X  12"  X  30', 
the  sum  of  $1,620. 

For  six  hundred  and  forty  pieces  hewn  white  oak,  12"  X  12"  X  25', 
the  sum  of  $1,920. 

For  ninety  thousand  feet,  board-measure,  3-inch  plank,  six  inches 
wide,  the  sum  of  $1,080. 

For  nine  thousand  pounds  IJ-inch  best  bolt  iron,  the  sum  of  $540. 

For  three  hundred  and  fifty  cords  good  hard  stone  for  crib  ballast, 
the  sum  of  $2,537  50. 


H.  Doc.   71.  31 

It  is  further  agreed  and  contracted,  that  this  contract  shall  not  be  as- 
signed or  transferred  by  the  contractor  to  any  other  person  or  persons 
without  special  permission,  in  writing,  first  obtained  from  the  War  De- 
partment ;  and  that  no  member  of  Congress  shall  be  admitted  to  any 
share  or  part  of  this  contract,  or  to  any  portion  of  the  benefits  to  arise 
therefrom. 

In  testimony  whereof,  the  said  parties  have  signed  and  sealed  this 
contract  in  triplicate — the  party  of  the  first  part  at  Washington,  the  21st 
day  of  January,  1853,  and  the  party  of  the  second  part  at  Waukegan, 
Illinois,  the  18th  day  of  March,  1853. 

JOHN  J.  ABERT,  [L.  s.] 
Colonel  Corps  Topographical  Engineers. 
Signed  and  sealed  by  J.  J.  Abert,  in  presence  of — 
GEO.  THOMSON. 
J.  R.  DORSEY. 

CALVIN  C.  PARKS.  [L.  s.] 

Signed  and  sealed  by  Calvin  C.  Parks,  in  presence  of — 
J.  D.  WEBSTER. 
WM.  GAMBLE. 


This  agreement,  made  this  21st  day  of  January,  1853,  between  J. 
J.  Abert,  colonel  of  the  corps  of  topographical  engineers,  in  the  ser- 
vice of  the  United  States,  acting  with  the  consent  and  under  the  di- 
rection of  the  Hon.  Charles  M.  Conrad,  Secretary  of  War,  of  the  first 
part,  and  Calvin  C.  Parks,  of  Waukegan,  Slate  of  Illinois,  of  the  second 
part,  witnesseth: 

That  the  said  Calvin  C.  Parks  does  hereby  agree  and  contract  to 
furnish  and  deliver  at  the  harbor  of  Kenosha,  (fbrmeily  Southport,) 
Wisconsin,  the  following  described  materials,  to  wit : 

Three  hundred  and  sixty  pieces  hewn  white-oak  timber,  thirty-two 
feet  long,  twelve  inches  square. 

Four  hundred  and  fifty  pieces  ditto,  thirty  feet  long,  twelve  inches 
square. 

Six  hundred  and  forty  pieces  ditto,  twenty-five  feet  long,  twelve 
inches  square. 

Ninety  thousand  feet,  board  measure,  3-inch  pine  plank,  six  inches 
wide — the  usual  length  of  flooring  plank. 

Nine  thousand  pounds  1  J-inch  best  quality  bolt-iron,  in  pieces  twelve 
and  fifteen  feet  long. 

Three  hundred  and  twenty-five  cords  hard  stone  for  crib  ballast, 
each  cord  to  measure  one  hundred  and  twenty-eight  cubic  feet. 

To  be  delivered  as  follows  : 

One- third  of  the  timber,  plank,  and  iron,  by  the  31st  day  of  March 
next,  one-third  by  the  30th  day  of  April  next,  and  one-third  by  the 
31st  day  of  May  next.  One-third  of  the  stone  by  the  30lh  day  of  April 
next,  one-third  by  the  31st  day  of  May  next,  and  one-third  by  the  30th 
day  of  June  next. 

The  articles,  as  delivered  on  these  several  specified  days,  to  be 
measured  and  inspected  by  the  officer  or  agent  in  charge  of  the  con- 


32  H.   Doc.  71. 

struction  of  said  harbor  ;  and  if  approved  and  received,  to  be  paid  for 
at  the  prices  hereinafter  stated,  less  10  per  centum  thereof;  which  per 
centum  will  be  retained  from  the  contractor  until  the  contract  shall 
have  been  fully  executed,  when  the  amount  so  retained  will  be  paid 
to  him ;  and  in  case  of  a  failure  to  complete  the  contract,  the  amount  of 
the  retained  per  centum  will  be  forfeited  to  the  United  States,  in  addi- 
tion to,  and  irrespective  of,  any  other  penalty  which  may  attach  to  the 
non-fulfilment  of  this  contract. 

The  aforesaid  Colonel  J.  J.  Abert,  acting  as  before  stated,  contracts 
and  engages  to  pay,  or  cause  to  be  paid,  to  the  party  of  the  second 
part,  the  following  prices,  viz: 

For  three  hundred  and  sixty  pieces  hewn  white  oak,  12"  X 12"  X  32', 
the  sum  of  $1,382  40. 

For  four  hundred  and  fitly  pieces  ditto,  12"  X 12"  X  30',  the  sum  of 
$1,620. 

For  six  hundred  and  forty  pieces  ditto,  12" X 12"  X  25',  the  sum  of 
$1,920. 

For  ninety  thousand  feet,  board  measure,  3-inch  pine  plank,  six 
inches  wide,  the  sum  of  $1,080. 

For  nine  thousand  pounds  1^-incb  best  bolt-iron,  the  sum  of  $540. 

For  three  hundred  and  twenty-five  cords  good  hard  stone  for  crib 
ballast,  the  sum  of  $2,437  50. 

It  is  further  agreed  and  contracted,  that  this  contract  shall  not  be 
assigned  or  transferred  by  the  contractor  to  any  other  person  or  per- 
sons without  special  permission,  in  writing,  first  obtained  from  the  War 
Department,  and  that  no  member  of  Congress  shall  be  admitted  to  any 
share  or  part  of  this  contract,  or  to  any  portion  of  the  benefit  to  arise 
therefrom, 

In  testimony  whereof,  the  said  parties  have  signed  and  sealed  this 
contract  in  triplicate — the  party  of  the  first  part  at  Washington  city,  the 
21st  day  of  January,  1853,  and  the  party  of  the  second  part  at  Wau- 
kegan,  Illinois,  the  18th  day  of  March,  1853. 

J.  J.  ABERT,  [L.  s.] 
Colonel  Corps  Topographical  Engineers. 

Signed  and  sealed  by  J.  J.  Abert,  in  presence  of — 

GEO.  THOMSON.  . 

J.  R.  DORSEY. 

CALVIN  C.  PARKS.     [L.  s.] 

Signed  and  sealed  by  Calvin  C.  Parks,  in  presence  of — 
J.  D.  WEBSTER. 
WM.  GAMBLE. 


This  agreement,  made  this  eighth  day  of  March,  1853,  between  J.  J. 
Abert,  colonel  of  the  corps  of  topographical  engineers,  in  the  service 
of  the  United  States,  acting  with  the  consent  and  under  the  direction 
of  the  Hon.  Charles  M.  Conrad,  Secretary  of  War,  of  the  first  part, 
and  Alanson  Sweet,  Stephen  W.  Ives,  and  Abel  Hawley,  of  Milwaukie, 
in  the  State  of  Wisconsin,  of  the  second  part,  witnesseth : 


H.    Doc.   71.  33 

That  the  said  Alanson  Sweet,  Stephen  W.  Ives,  and  Abel  Hawley, 
do  hereby  agree  and  contract  to  furnish  and  deliver,  at  the  harbor  of 
Milwaukie,  Wisconsin,  at  such  points  as  may  be  designated  by  the 
officer  or  agent  superintending  the  construction  of  the  harbor  at  that 
place,  the  following  described  materials,  to  wit : 

Two  hundred  and  forty  pieces  hewn  white-oak  timber,  thirty-two  feet 
long,  twelve  inches  square. 

Three  hundred  pieces  hewn  white  oak,  thirty  feet  long,  twelve  inches 
square. 

Four  hundred  and  twenty  pieces  hewn  white-oak,  twenty-five  feet 
long,  twelve  inches  square. 

Sixty  thousand  feet,  board-measure,  3-inch  plank,  six  inches  wide. 

Six  thousand  pounds  1^-inch  best  bolt  iron,  in  pieces  twelve  and 
fifteen  feet  long. 

Four  hundred  cords  good  hard  stone  for  crib  ballast,  each  cord  to 
measure  one  hundred  and  twenty-eight  cubic  feet. 

To  be  delivered  as  follows : 

One-third  of  the  timber,  plank,  and  iron  by  the  31st  day  of  March, 
one-third  by  the  30th  day  of  April,  one-third  by  the  31st  day  of  May, 
1853. 

One-third  of  the  stone  by  the  30th  day  of  April,  one-third  by  the 
31st  day  of  May,  one-third  by  the  30th  day  of  June,  1853. 

The  articles,  as  delivered  on  these  several  specified  days,  to  be 
measured  and  inspected  by  the  officer  or  agent  in  charge  of  the  con- 
struction of  said  harbor  ;  and  if  approved  and  received,  to  be  paid  for 
at  the  prices  hereinafter  stated,  less  ten  per  centum  thereof;  which  per 
centum  will  be  retained  from  the  contractor  until  the  contract  shall 
have  been  fully  executed,  when  the  amount  so  retained  will  be  paid  to 
him  ;  and  in  case  of  a  failure  to  complete  the  contract,  the  amount  of 
the  retained  per  centum  will  be  forfeited  to  the  United  States,  in  addi- 
tion to,  and  irrespective  of,  any  other  penalty  which  may  attach  to  the 
non-fulfilment  of  this  contract. 

The  aforesaid  Colonel  J.  J.  Abert,  acting  as  before  stated,  contracts 
and  engages  to  pay,  or  cause  to  be  paid,  to  the  party  of  the  second 
part,  the  following  prices,  viz : 

For  two  hundred  and  forty  pieces  hewn  white-oak  timber, 
12"  X  12"  X  32',  the  sum  of  $1,382  40. 

For  three  hundred  pieces  hewn  white-oak  timber,  12"  X  12"  X  30', 
the  sum  of  $1.620. 

For  four  hundred  and  twenty  pieces  hewn  white-oak  timber, 
12"  X  12"  X  25',  the  sum  of  $1,890. 

For  sixty  thousand  feet,  board-measure,  3-inch  pine  plank,  six  inches 
wide,  the  sum  of  $840. 

For  six  thousand  pounds  IJ-inch  best  bolt  iron,  the  sum  of  $300. 

For  four  hundred  cords  good  hard  stone  for  crib  ballast,  the  sum  of 
$4,000. 

It  is  further  agreed  and  contracted,  that  this  contract  shall  not  be  as- 
signed or  transferred  by  the  contractors  to  any  other  person  or  persons 
without  special  permission,  in  writing,  first  obtained  from  the  War  De- 
partment ;  and  that  no  member  of  Congress  shall  be  admitted  to  any 
3 


34  H.    Doc.  71. 

share  or  part  of  this  contract,  or  to  any  portion  of  the  benefit  to  arise 
therefrom. 

In  testimony  whereof,  the  said  parties  have  signed  and  sealed  this 
contract  in  triplicate — the  paity  of  the  first  part  at  Washington  city,  the 
8th  day  of  March,  1S53,  and  the  party  of  the  second  part  at  Milwau- 

kie,  Wisconsin,  the day  of ,  1853. 

J.  J.  ABERT.  [L.  s.] 

Signed  and  sealed  by  J.  J.  Abert,  in  presence  of — 
GEO.  THOMPSON. 
J.  R.  DORSET. 

ALANSON  SWEET.  [L.  s.J 
STEPHEN  W.  IVES.  [L.  s.J 
ABEL  HAWLEY.  [L.  s.] 

Signed  and  sealed  by  Messrs.  Sweet,  Ives  &  Hawley,  in  presence  of — 
CHAS.  JAMES,  for  Alanson  Sweet. 
A.  R.  GRAY,  for  S.  W.  Ives. 
J.  L.  BARSTOW,  for  Abel  Hawley. 
W.  H.  Cox,  for  Sweet,  Ives  &  Hawley. 


This  agreement,  made  this  8th  day  of  March,  1853,  between  J.  J. 
Abert,  colonel  of  the  corps  of  topographical  engineers,  in  the  service 
of  tire  United  States,  acting  with  the  consent  and  under  the  direction 
of  the  Hon.  Charles  M.  Conrad,  Secretary  of  War,  of  the  first  part, 
and  Afenson  Sweet,  Stephen  W.  Ives,  and  Abel  Hawley,  of  Milwaukie, 
in  the  State  of  Wisconsin,  of  the  second  part,  witnesseth: 

That  the  said  Alanson  Sweet,  Stephen  W.  Ives,  and  Abel  Hawley, 
do  hereby  agree  and  contract  to  furnish  and  deliver  at  the  harbor  of 
Sheboygan,  Wisconsin,  the  following  described  materials,  to  wit: 

Two  hundred  pieces  hewn  white-oak  timber,  thirty-two  feel  long, 
twelve  inches  square. 

Three  hundred  pieces  hewn  white-oak  timber,  thirty  feet  long, 
twelve  inches  square. 

Four  hundred  pieces  hewn  white-oak  timber,  twenty-five  feet  long, 
twelve  inches  square. 

Sixty  thousand  feet,  board  measure,  3-inch  pine  plank,  six  inches 
wide. 

Six  thousand  pounds  1^-inch  best  bolt-iron,  in  pieces  twelve  and 
fifteen  feet  long. 

Three  hundred  cords  good  hard  stone  for  crib  ballast,  each  cord  to 
measure  one  hundred  and  twenty-eight  cubic  feet. 

To  be  delivered  as  follows  : 

One-third  of  the  timber,  plank,  and  iron,  by  the  31  st  day  of  March, 
one-third  by  the  30th  day  of  April,  and  one-third  by  the  31st  day  of 
May,  1853.  One-third  of  the  stone  by  the  30th  day  of  April,  one-third 
by  the  31st  day  of  May,  and  one-third  by  the  30th  day  of  June,  1853. 

The  articles,  as  delivered  on  these  specified  days,  to  be  measured 
and  inspected  by  the  officer  or  agent  in  charge  of  the  construction  of 
said  harbor ;  and  if  approved  and  received,  to  be  paid  for  at  the  prices 
hereinafter  stated,  less  10  per  centum  thereof;  which  per  centum  will 


H.    Doc.  71.  35 

be  retained  from  the  contractor  until  the  contract  shall  have  been  fully 
executed,  when  the  amount  so  retained  will  be  paid  to  him;  and  in  case 
of  a  failure  to  complete  the  contract,  the  amount  of  the  retained  per 
centum  will  be  forfeited  to  the  United  States,  in  addition  to,  and  irre- 
spective of,  any  other  penalty  which  may  attach  to  the  non-fulfilment 
of  this  contract. 

The  aforesaid  Colonel  J.  J.  Abert,  acting  as  before  stated,  contracts 
and  engages  to  pay,  or  cause  to  be  paid,  to  the  party  of:  the  second 
part,  the  following  prices,  viz  : 

For  two  hundred  pieces  hewn  white  oak,  32' X 12" X 12",  the  sum  of 
$1,152. 

For  three  hundred  pieces  hewn  white  oak,  36' X 12"  X 12",  the  sum 
of  $1,620. 

For  four  hundred  pieces  hewn  white  oak,  25' X  12"  X  12",  the  sum  of 
$1,800. 

For  sixty  thousand  feet,  board  measure,  3-inch  pine  plank,  six  inches 
wide,  the  sum  of  $720. 

For  six  thousand  pounds  1^-inch  best  bolt-iron,  the  sum  of  $300. 

For  three  hundred  cords  good  hard  stone  for  crib  ballast,  the  sum  of 
$3,000. 

It  is  further  agreed  and  contracted,  that  this  contract  shall  not  be 
assigned  or  transferred  by  the  contractors  to  any  other  person  or  per- 
sons, without  special  permissi  n,  in  writing,  first  obtained  by  the  War 
Department,  and  that  no  member  of  Congress  shall  be  admitted  to  any 
share  or  part  of  this  contract,  or  to  any  portion  of  the  benefit  to  arise 
therefrom. 

In  testimony  whereof,  the  said  parties  have  signed  and  sealed  this 
contract  in  triplicate ;  the  party  of  the  first  part  at  Washington  city, 
the  8th  day  of  Mirch,  1853,  and  the  parties  of  the  second  part  at  Mii- 

waukie,  Wisconsin,  the day  of  March,  1853. 

J.  J.  ABERT,  [L.  s.] 
Colonel  Corps  Topographical  Engineers. 

Signed  and  sealed  by  J.  J.  Abert,  in  presence  of — 
GEORGE  THOMSON. 
J.  R.  DORSE Y. 

ALANSON  SWEET.  [L.  s.] 
STEPHEN  W.  IVES.  [L.  s.] 
ABEL  HAWLEY.  [L.  s.] 

Signed  and  sealed  by  Alanson  Sweet,  Stephen  W.  Ives,  and  Abel 
Hawley,  in  presence  of — 

CHAS.  JAMES,  for  Alanson  Sweet. 

A.  R.  GRAY,  for  S.  W.  Ives. 

J.  L.  BARSTOW,  for  Abel  Hawley. 

W.  H.  Cox,  for  Sweet,  Ives  and  Hawley. 


BUREAU  OF  TOPOGRAPHICAL  ENGINEERS, 

Washington,  January  19,  1854. 

SIR:  I  have  the  honor  to  acknowledge  your  direction  to  report  upon 
a  letter  from  Levi  Blossom,  esq.,  attorney  of  Sweet,  Ives  &  Hawiey, 


36  H.  Doc.  71. 

contractors,  asking  payment  for  materials  delivered  at  the  harbors  of 
Milwaukie,  Sheboygan,  Manitowoc,  and  Waukegan,  on  the  west  shore 
of  Lake  Michigan,  by  said  Sweet,  Ives  &  Hawley,  namely: 

At  Milwaukie — 327  cords  stone,  contract  price  $10 $3,270  00 

6,000  Ibs.  round  bolt  iron,  contract  price  5  cents         300  00 


3,570  00 

At  Rheboygan — 6,000  Ibs.  iron,  contract  price  5  cents 300  00 

At  Manitowoc — 4,000  Ibs.  iron,  qonlract  price  5  cents 200  00 

At  Waukegan-^6,QQQ  Ibs.  iron,  contract  price  5  cents 300  00 

Total..  ..      4,370  00 


These  materials  are  said  to  have  been  tendered  on  the  1st  July, 
1853,  but  were  not  then  received  by  the  agents  for  want  of  authority. 

The  Milwaukie  materials  are  certified  to  as  having  been  delivered 
on  the  6th  day  of  August;  but,  for  the  other  places,  Mr.  B.  has  not 
with  him  certificates  of  delivery. 

By  the  records  of  this  office  the  following  facts  appear,  namely : 

Manitowoc — agent,  Temple  Clark,  esq. — By  letter  from  the  agent, 
dated  December  17,  1853,  it  appears  "that  there  are  no  materials*  at 
that  place  ready  for  delivery  under  the  Sweet,  Ives  &  Hawley  con- 
tract." Certain  sub-contractors  have  materials  on  hand  and  for  sale, 
which  at  contract  prices  would  amount  to  $1,420.  The  owners  or  sub- 
contractors will  sell  these  materials  for  $970.  The  materials  consist 
of  70  cords  of  stone  and  4,000  feet  of  lumber. 

The  agent  reports  that  the  above  enumerated  materials  are  in  the 
possession  of  the  sub-contractors,  who  will  not  deliver  them  on  account 
of  Messrs.  Sweet,  Ives  &  Hawley. 

S/tcboygan — agent,  D.  Newland,  esq. — By  letter  from  the  agent,  dated 
December  19,  1S53,  it  appears  that,  "I  am  not  aware  of  there  being 
any  materials  ready  for  delivery  at  this  place,  under  the  Sweet,  Ives  & 
Hawley  contract,  except  the  following : 

6,000  Ibs.  of  l;Hnch  bolt  iron $300  00 

20,000  feet  pine  plank 240  00 

received  as  per  report  for  July." 

Milwaukie — agent,  H.  W.  Gunnison,  esq. — By  letter  dated  Decem- 
ber 15,  1853,  it  appears  that  there  is  "the  following  list  of  materials 
now  ready  for  delivery  under  said  contract,  and  the  contract  prices 
thereof:" 

6,000  Ibs.  li-inch  bolt  iron $300  00 

327  cords  stone,  for  crib-ballast 3,270  00 


Total 3,570  00 

Wauktgan — agent,  Wm.  Gamble. — By  letter  dated  December  15, 
1853,  it  appears  that  "  all  materials  ready  for  delivery"  at  that  place, 
under  the  Sweet,  Ives  &  Hawley  contract,  consist  of — 

*  Mr.  Blossom  states  that  the  agent  is  in  error;  and,  to  his  personal  knowledge,  iron  was 
shipped  to  Manitowoc  on  account  of  contractors,  and  is  in  store  there. 


H.  Doc.  71.  37 

29  cords  of  ballast  stone $348  00 

5,980  Ibs.  l|-inch  round  common  Pittsburg  iron,  (contract 

requires  best  bolt  iron) 299  00 

The  agent  also  reports  outstanding  claims  against  the  above,  amount- 
ing to  $26  42. 

Total  value  of  above  articles  as  reported $4,699  00 

Deduct  claims  reported  by  Waukegan  agent 26  42 

4,672  58 


The  proposition  of  Mr.  Blossom  is  to  the  following  effect:  that  al- 
though these  were  not  delivered,  technically,  under  the  decision  of  the 
honorable  Secretary  of  the  llth  July,  1853,  yet,  being  ready  soon  after 
that  time,  and  actually  there  now,  that  they  be  now  received  and  paid 
for  at  contract  prices — that  is,  that  they  be  purchased  at  those  prices ; 
.then  all  future  claims,  of  any  kind  or  nature  whatsoever,  by  said  con- 
tractors, under  any  equitable  considerations  of  their  contracts,  or  of  the 
decisions  of  the  War  Department,  be  considered  as  closed  and  aban- 
doned, so  that  this  settlement  would  be  a  final  and  conclusive  settlement. 

Mr.  Blossom  does  not  contend  that  the  deliveries  of  his  statement  are 
contract  deliveries,  or  that  they  were  delivered  under  a  rigid  construc- 
tion of  the  decision  of  the  honorable  Secretary ;  but  he  contends  that 
they  were  fair  deliveries,  under  the  equitable  considerations  of  said 
decision,  as  they  had  to  be  ready  to  meet  "  wants  of  the  works."  These 
wants  had  to  be  anticipated,  to  meet  the  contingencies  of  the  War  De- 
partment decision.  But,  unfortunately  for  the  contractors,  the  wants  of 
the  works  did  not  at  the  time  require  these,  and  they  are  therefore  yet 
on  the  hands  of  the  contractors,  agent,  and  attorney.  The  materials 
will,  however,  be  wanted  if  the  works  progress,  and  are  of  that  kind 
which  cannot  be  obtained  at  short  notice. 

It  is  therefore  recommended — 

1.  That  materials  actually  on  hand,  as  reported  by  agents,  be  bought 
and  paid  for. 

2.  That  no  more  be  paid  for  the  materials  reported  at  Manitowoc, 
than  what  the  agent  reports  the  sub-contractors  as  willing  to  sell  for. - 

3.  That  before  paying  for  these  materials  at  any  place,  all  liens  and 
claims  upon  the  same  be  adjusted,  so  that  said  materials,  when  deliv- 
ered to  the  United  States,  shall  be  delivered  free  of  all  costs  and  charges, 
except  the  charges  of  the  bill  of  sale. 

4.  That  the  attorney  of  the  contractors  give  his  written  consent  to 
this  arrangement,  and  abandon,  in  writing,  all  further  claims  in  law  or 
equity  in  reference  to  said  contracts,  and  in  reference  to  any  decisions 
of  the  War  Department  in  reference  thereto. 

Respectfully,  sir,  your  obedient  servant, 

J.  J.  ABERT, 
Colonel  Corps  Top.  Engineers. 
Hon  JEFFERSON  DAVIS, 

Secretary  of  War. 


3?  !/£? 


